Mediation

What is

Mediation

Mediation is an alternative dispute resolution (ADR) process that can be used to resolve problems between individuals or groups. In this process, an impartial person referred to as a mediator helps facilitate communication between people. During the session, the mediator helps those involved discuss the problem, identify the real issues, and explore options to create a voluntary, mutually acceptable solution.

Private Mediation

Now as never before, conflict is everywhere in our lives. Isolation and frustration sometimes leads to anger and resentment. When conflicts arise in families and neighborhoods, or with a vendors or others, mediation can offer a cost-effective way to come to a resolution. In mediation, individuals work together with a mediator in a confidential setting to work through the conflict.  Fees are charged on an income-based sliding scale.

Mediation Is

Why Should You

Consider Mediation?

Mediation is a form of dispute resolution that encourages the individuals involved in the dispute to talk with each other and resolve their differences. The mediator helps the parties communicate but has no independent decision-making authority.

In mediation, the parties can:

  • Informally communicate their thoughts and concerns.
  • Identify and clarify miscommunication and misunderstandings.
  • Acknowledge that there may be differences of perspective or opinion.
  • Better understand the origins of the dispute.
  • Share their respective interests.
  • Examine ways to address dissatisfaction and unmet expectations that may have occurred.
  • Develop improved communication and restore relationships.
  • Collaborate on ways to manage future conflicts and prevent additional disputes from arising.
  • Retain the right to pursue the matter through another process such as the EEO complaint process, negotiated or administrative grievance procedure, or litigation, if an agreement cannot be reached.

Mediation is not a determination of who is right and wrong, and the mediator is not a judge, factfinder, or decision-maker. Mediators do not give legal advice. Choosing to mediate does not preclude you from your right to try other options such as litigation or arbitration.

Mediation is recommended when:

  • There is interest in resolving the dispute quickly.
  • There is a need for a private setting to discuss the issues.
  • People want someone not involved in the dispute to facilitate their communication.
  • People want to either preserve their relationship or end the relationship in the least adversarial way.
  • The parties are interested in retaining control of the outcome.

Mediation is NOT recommended when:

  • People want someone to determine who is right and who is wrong.
  • The dispute involves restraining orders, fraud, abuse, criminal activity, or allegations of sexual harassment.
  • Neighborhood
  • Housing
  • Family
  • Workplace
  • Consumer
  • Agricultural
  • Discrimination
Checklist

Before You Come To Mediation

  • Determine what you want to get out of mediation

Our experience shows that parties in dispute often do not reveal right away what they really want. Very often parties are stuck on legal restrictions (e.g. money, due dates, etc.), although the conflict has arisen from somewhere else (e.g. a disturbed relationship, a financial shortage, etc.). Think about all aspects that need to be addressed during the mediation and how you could share them with the other party, so that they get a chance to understand your perspective. This includes bringing all documents you might want to share with the other party.

  • Settle emotions

Especially in long-lasting conflicts, emotions become easily heated. As understandable as that is, it makes it more difficult to discuss the matter in a productive way. Listening to and empathizing with the other party helps those involved better understand opposing perspectives.

  • Be prepared and look forward

Mediation is a process to move forward and find a solution that works for both parties. For that reason, it is important to focus on the future and not to make assumptions based on the past. So far you have not been able to solve the conflict. Be open to trying a new approach – mediation reveals the real interests of both parties and it can be very effective. There is a great chance that a mutual solution is found instead of getting stuck in positions.

  • Just sit down, relax, and let us help you

Our mediators are all trained and experienced in mediation. They will guide you through the entire process and provide a convenient and productive atmosphere for everyone.

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