The Mediation Process
Considering Mediation? Here is an Introduction to the Process
We provide comprehensive mediation services for civil and commercial disputes. Our mediators help parties resolve all types of complex disputes, and we do so with a focus on efficiency, confidentiality, and finding an outcome that allows the parties to move on. When mediation is successful, the outcome is a win-win for both parties, and the process ends with a mediated settlement agreement that allows the parties to resolve their differences without going to court.
Mediation is a Form of Alternative Dispute Resolution (ADR)
Mediation is a form of alternative dispute resolution (ADR). However, unlike the other form of ADR, arbitration, mediation is effectively a settlement process. Through a private meeting (or series of private meetings), the parties involved work with the mediator to try to find a way to come to terms. If the parties agree, their dispute comes to an end, and they will both have a better understanding of the other side’s goals and priorities going forward.
What to Expect During the Mediation Process
So, what can you expect during the mediation process? Here is a brief introduction to the steps that are generally involved:
1. The Parties Seek Independent Legal Advice
The first step is for the parties to seek independent legal advice. Unless the parties are required to mediate by a contract or court order, mediation is only an option if the parties decide to attempt to resolve their dispute amicably. This will require joint discussion, and the parties’ respective attorneys will play a key role in this process.
2. The Mediator’s Introduction
If the parties decide to mediate, the next step is to select a mediator. Selecting an effective mediator is essential. While most mediators will have experience in conflict resolution, it will be important to choose a mediator who is familiar with the legal questions and legal issues involved in the parties’ dispute.
3. Information Sharing
After selecting a mediator, the parties will share information with the mediator, and potentially with each other, to start preparing for their first mediation session. To be able to offer possible solutions, it is imperative for the mediator to have access to all necessary contracts, communications, and other documents that are relevant to the parties’ dispute.
4. Establishing Ground Rules
Prior to the mediation beginning, the mediator will establish ground rules (often with the parties’ involvement). These ground rules are essential to allow the parties to discuss their dispute openly and work with the mediator to find solutions in good faith.
5. The Mediator’s Opening Statement
With ground rules in place, the first mediation session will typically begin with the mediator’s opening statement. Typically, the mediator will go over the ground rules and discuss his or her expectations for the proceedings.
6. The Parties’ Opening Statements
In most mediations, the parties’ opening statements will come next. After one party presents its opening statement, the other party will follow suit.
7. Efforts to Reach Agreement on Key Issues
Following the mediator’s and the parties’ opening remarks, the mediation process will begin in earnest. The mediator may use a variety of strategies to help the parties identify areas of agreement and conflict before working to help the parties reach a resolution.
8. Discussion of Possible Resolutions
Throughout the process, the mediator will discuss possible resolutions with the parties and their lawyers. It is critical for all participants to play an active role in generating options that present legitimate opportunities for resolving the parties’ dispute.
9. An Agreement is Reached
If an agreement is reached, the parties will be able to resolve their dispute without pursuing litigation and asking a judge to make decisions for them. This is the fundamental goal of mediation, and the mediator’s capabilities play a key role in the likelihood of achieving this outcome.
10. The Parties Sign a Contract to Settle Their Dispute
Finally, once the parties agree, their lawyers will draft a settlement contract. Once the parties sign the settlement contract, their dispute will be over.
FAQs: Understanding the Benefits of Mediation
Can Going to Mediation Help Me Avoid a Court Battle?
Yes, one of the primary goals of mediation is to avoid litigating the parties’ dispute in court. While there are no guarantees, mediation has a high success rate when both parties are willing to come to the table in good faith.
Can Mediation Be Used for Complex Commercial Disputes?
Yes, mediation is commonly used to resolve all kinds of complex disputes both in the U.S. and abroad. Due to its cost-effectiveness, pursuing mediation is a desirable approach in a wide range of circumstances.
Can Mediation Be Used for Small Claims?
The cost-effectiveness of mediation makes it an effective tool for resolving small claims as well. This includes claims involving everything from customer complaints to disputes during probate and estate administration.
Learn More from an Experienced Mediator at Oberheiden P.C.
If you are interested in learning more about the mediation process, we invite you to get in touch. Call 888-680-1745 or contact us online to learn more from an experienced mediator at Oberheiden P.C.
