Common Mediation Questions
Below, we have provided answers that many clients wonder about their divorce case.
What Is Mediation?
“Discourage litigation. Persuade your neighbors to compromise whenever you can… As a peacemaker the lawyer has superior opportunity to be a good person. There will still be business enough.”
— Abraham Lincoln
Mediation is a process in which an impartial third party helps others to resolve a dispute or plan a transaction without imposing a solution. It is used to enable disputants to explore solutions outside court settings in order to create tailor-made solutions that are often not provided by today’s current legal system. Many litigants have learned that having their “day in court” does not mean they will have their story told or their problem resolved. Mediation empowers you to explore all alternatives, to resolve the dispute, and to control the process in which you do so in an effective, efficient and cost-conscious manner.
What Are The Optimal Results Of Mediation?
Mediation advances a win-win model of dispute resolutions, and provides the parties with the opportunity and means to create their own solutions rather than settle for judge-imposed solutions that may fail to address the unique circumstances, goals, needs and wants of all parties. Mediation may also be used to overcome delays and costly barriers in the negotiation process. Mediation is a useful tool to overcome expensive and strategic delays or deadlocks in the negotiation process or to obtain agreements in cases where the parties and their lawyers mistakenly fail to see there is some satisfactory common ground. The agreement is memorialized in contract form and is enforceable according to the rules of New York contract law.
Who Does The Mediator Represent?
The mediator is a neutral third party who represents both parties with respect to working at obtaining a tailor-made solution to the problem confronted by all parties. The mediator’s position is not aligned with either party, rather his or her focus is on enabling the parties to explore and evaluate all possible solutions that may not be afforded in a different setting, outside of mediation.
Will I Be Forced To Enter Into An Agreement?
No, this is a voluntary process. Solutions are not imposed, only explored and evaluated by all parties. The goal is to encourage you to make a fully informed decision and enable you to explore all alternatives, including those that are not afforded to litigants in a court setting.
Is Mediation Confidential?
Mediation is a confidential process. In fact, the mediator cannot disclose what was said in the mediation unless all parties waive confidentiality. In fact, if you choose to pursue litigation, the mediator, who is also an attorney, will not represent either party in order to preserve your right to a confidential mediation.
What Does the Typical Mediation Look Like?
It begins with introductory comments and questions by a skilled and legally trained mediator. The mediator will explain the process of mediation and the ground rules for the session. Each party is given the opportunity to discuss their perspective, their questions and all matters of concern. As the parties do so, the mediator spots the legal and factual issues while extracting potential proposals and discussing various means of resolution. This provides the parties with an opportunity to examine all possible solutions and obtain value creating agreements that would neither be explored nor entertained inside a courtroom.
By skillfully delving deeper into the issues, the mediator equips the parties with a unique and rare opportunity of creating tailor-made solutions to address their interests. This process will enable each party to look at the claims critically and to explore and evaluate the best alternative.
During the mediation process, the mediator will identify and capitalize on the complementary interests that the parties can trade in a mutually beneficial manner. The mediator will examine every opportunity for mutual benefit rather than simple compromise. If the parties successfully reach an agreement, the mediator will review the terms with each party and memorialize the agreement. A signed mediation agreement is treated as a contract and may be enforced as one.
Should All Disputes Be Mediated?
Not all disputes should be mediated. Mediation is one of many legal tools that may be used to strategically maximize your legal interests. Mediation encompasses an immense range of practices, and there are various mediation models. To learn more about whether your dispute should be mediated, please call Corash & Hollender, P.C., to speak with one of our certified and trained mediators. Consultations are free.
What Types Of Disputes Can Be Mediated?
- Nursing home disputes or health care disputes
- Family disputes including but not limited to divorce, custody and visitation matters
- Elder care and wills
- Educational conflicts
- Employer and employee disputes
- Business and consumer matters
- Landlord and tenant conflicts
- Neighbor and community disputes
- Business and partnership disputes
- Disputes regarding inherited real estate
- Disputes regarding inheritances and real estate owned by relatives
- Disputes where people need or desire to have a future relationship with the other parties in the dispute without the need for trial lawyers or judges
- Disputes where you do not have to pay exorbitant attorneys’ fees for litigation
- Disputes where quick resolution is essential