Mandatory Mediation
We Provide Mediation Services for Contractually Mandated and Court-Ordered Mediation
Mediation is a dispute resolution process that can be highly effective under a wide range of circumstances. This is true even when participating in mediation is mandatory. By working with an experienced neutral third party, parties to even highly contentious disputes can often find a way to reach a settlement without the need for litigation.
Experienced Mediators for All Types of Mandatory Mediation
Our attorneys serve as mediators for mandatory mediation in the U.S. and abroad. We conduct mediation proceedings for all types of civil and commercial disputes while emphasizing confidentiality, cost-effectiveness, and good-faith participation from all parties involved. We are available to provide mediation services in cases involving:
- Mandatory Alternative Dispute Resolution (ADR) Clauses – A significant portion of our mandatory mediation practice involves helping parties resolve disputes governed by mandatory ADR clauses. When parties decide to mediate in advice, their agreement will be binding in the vast majority of circumstances, and they will need to be willing to compromise in order to find a path forward that adequately addresses their respective concerns.
- Court–Ordered Mediation – Courts can require parties to pursue mediation in various circumstances. Here, the goal is for the participants to settle in order to avoid litigation and preserve the court’s resources. Even when the parties’ negotiations have broken down previously, mediation can still prove successful in this scenario.
- Mediation Under Mandatory Mediation Programs – Along with ordering mediation on a case-by-case basis, some court systems have mandatory mediation programs as well. Here too, these programs are designed to encourage settlement and limit the number of civil cases that the courts need to handle.
In all cases in which mediation is required, the mediator’s role is to reduce conflict during the dispute resolution process and provide assistance with reaching an agreement that allows the parties to avoid the burdens of litigation. When the parties participate in good faith, mandatory mediation offers several benefits—and both the process and the outcome are strictly confidential.
Using Mandatory Mediation for Dispute Resolution
Using mandatory mediation for dispute resolution starts with selecting a mediator. There are several factors to consider when you need to engage a mediator, and we encourage parties (or their counsel) to speak with prospective mediators about their credentials before committing to moving forward.
If the parties cannot agree on a mediator, there are various options for getting past this stage of the process and getting to the first mediation session. While there are no guarantees, once the parties attend mediation and see what an experienced mediator can offer, this can often help facilitate good-faith settlement negotiations that ultimately lead to a mutually agreeable conclusion.
FAQs: Mandatory Mediation as a Means of Conflict Resolution
Are There Mandatory Mediation Laws in the U.S.?
Some states have enacted mandatory mediation laws that apply to certain types of disputes (i.e., child custody disputes and disputes involving other family law matters). However, for commercial parties, the obligation to participate in mediation is generally the result of either a contractual mandatory ADR clause or a court order during the litigation process.
What is a Mandatory Mediation Program?
Mandatory mediation programs are generally state-level programs that require mediation for certain types of civil disputes. As discussed above, these programs are designed to help parties come to terms without relying on the judiciary’s resources.
What if a Contract Requires Mediation and Arbitration?
When a contract requires mediation and arbitration, mediation comes first. If the parties are not able to reach an agreement through mediation, they will then need to initiate the arbitration process. While mandatory mediation is intended to facilitate good-faith settlement negotiations, arbitration results in a binding decision and is more akin to the litigation process.
Are Parties Required to Participate in the Mediation Process in Good Faith?
Generally, yes. When parties are subject to mandatory mediation, they are required to participate in the process in good faith. However, this does not mean that they are obligated to come to terms. If one or both parties is unwilling to settle, the parties can then pursue their legal alternatives as necessary.
Schedule a Call with a Mediator at Oberheiden P.C.
If you (or your client) is facing a dispute that is subject to mandatory mediation, we invite you to contact us for more information about our mediation services. To schedule a call with an experienced mediator at Oberheiden P.C., call us at 888-680-1745 or tell us how we can reach you online today.
