Mediation is an alternative to the litigation process. It is a forum where you and other party work together to craft solutions tailored specifically to your needs in a relaxed environment. Mediation is a voluntary, private and confidential process. The mediator(s) who assists you through the process is neutral and will not favor one side or the other.
Here is what you can expect at the mediation session:
The mediator(s) will introduce themselves, explain their role and have everyone introduce themselves.
The mediator will explain the mediation process, the ground rules, and the Agreement to Mediate document.
Each party will have the opportunity to share their concerns from their point of view, without interruption.
The mediator(s) will identify and clarify the issues they hear from the parties. They will encourage the parties to communicate directly with one another and will point out any common interests they hear. During this part of the mediation process, you and the other party work together to resolve the dispute. There may be times when the mediator will meet with each party separately.
Any terms of agreement reached in mediation will be put down in writing and signed by all parties to the dispute. The signed agreement can be enforceable by the court as any other contract.
Unlike litigation or arbitration where someone else is in control and will make a decision for you, in mediation you and the other party are in control and create your own resolution. This type of environment is meant to be productive and beneficial for all parties involved.
If you have any questions about the mediation process, please feel free to contact us at (248) 338-4280.
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