Office of Mediation and Arbitration
About Mediation
A: At mediation you have a
chance to present your ideas in an informal, private setting with the
support and advice of your attorney, if you have one.
It is a time for you to be heard and to listen to others.
In
mediation you have a better opportunity to control the outcome of your
dispute.
The
mediator is impartial and trained to help you and the other party talk
about your needs and differences so that you can work things out together.
Mediation
may help you reach agreements that will let you get on with your life and
possibly keep you out of court in the future.
By
discussing your options in mediation you may discover choices you did not
know you had.
Mediation
may help improve communications and permit the parties to find better ways
to deal with this conflict.
Costs associated with mediation may be lower than those experienced for prolonged litigation.
Q:
How do I prepare for mediation?
A:
Mediation deals not only with the legal issues but also deals with
underlying relational issues that are important to you.
If you have an attorney, it is important to discuss what your
reasonable expectations for an outcome would be should your case go to
court. You can, therefore,
compare your options at mediation with what would be available through
litigation.
It
is important to come to the mediation session with an open mind, ready to
consider new options that may not have been raised previously.
It is also important to be willing to share information with the
other parties and to work together towards reaching an understanding that
would be acceptable to each of you.
A: The mediators are individuals who have been trained or certified by the court based on their training and mediation experience. The courts maintain a list of available mediators.
Q:
What happens during mediation?
A:
At
the start of a mediation session, the mediator will explain how mediation
works and will answer your questions.
The mediator will ask each of you to state your
views, express your feelings, and describe what you would like to have
happen in your case. The mediator will then help you explore ways to
resolve the matter in a way that is acceptable to each of you.
The mediator may ask to meet with you alone (and
with your lawyer if you have one) so you can talk more comfortably.
If you do have an attorney, you may take a break and talk to your
attorney privately at any time.
If
an agreement is reached, it will be put in writing and signed by all
parties. Later, the agreement
will be presented to the judge who will review it and then issue a court
order approving the agreement.
If an agreement cannot be reached between the parties, or
if one or more of the parties fails to follow through with the mediation
session, the court will hear the case in a regular court hearing.
Our experience is that even when a case is not resolved through
mediation, often the parties have a better understanding of the underlying
issues following a mediation session, and settlement may follow outside of
the mediation session.
