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What is Mediation and how do I find a mediator?
Mediation is the fastest growing method of resolving any dispute. The process is used to resolve differences in family and business relations. The popularity of mediation stems from the fact that it promises a more efficient, less costly way for people to deal with everyday conflicts. In the family arena, mediation provides the opportunity for parents to agree on resolutions that meet the needs of both them and their children. In the business arena, mediation provides the opportunity to resolve conflicts while maintaining the professional relationship and avoiding costly litigation and/or arbitration. |
About the Mediator:
The mediator is a neutral third person that assists the parties in reaching a decision that all parties are satisfied with. Their job is to keep the parties talking and help move them through the more difficult points of the conflict. Mediation, in general, is a confidential process. Most mediators will require a release form in which the parties may not subpoena a mediator or their records for any court case. When the parties reach agreement in mediation, the dispute is over! Parties avoid the appeals, delays, continuing expenses, and unknown risks associated with litigation. |
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What are the Advantages of Mediation?
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Affordable: Mediation is considerably less expensive than litigation. |
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Fair: Parties are personally involved in the resolution of their dispute and both sides are treated equally by the mediator. |
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Efficient: The dispute can be resolved in as little as a day, depending on the issues involved. Litigation/Arbitration cases often take years to resolve. |
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Confidential: Issues discussed in mediation are kept confidential, with some exceptions (ex. criminal intent/child abuse). |
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Effective: Statistically, 80%-85% of cases are settled through the mediation process. |
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How much does mediation cost?
Most mediators charge by the hour and their rates vary. Please refer to your selected mediator's biography for rates. |
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Are Mediation settlements binding?
Yes. Once parties reach a mutual agreement, the mediator will draw up a settlement agreement that all parties sign. This agreement will be enforceable in a court of law as any other contractual agreement. |
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If I have already filed a lawsuit, can I still use Mediation?
Yes. You may utilize mediation at any time during the dispute, if all parties agree. If a settlement is reached, the court case will be dismissed. |
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How do I inform the other party in my dispute of my desire to Mediate?
GDR has provided a sample letter you may use to send to the other party. With this letter, you will be able to address the dispute, as well as provide the names of several Mediators you have selected. Upon receiving the letter, the other party can visit the site, review the mediators you have selected, and either choose one of your selections or make a selection of their own. Through the use of the GDR site, a mediator can be mutually agreed upon. |
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How do I prepare myself for Mediation?
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Make a clear statement of the issues involved (the facts of the case). |
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Identify the areas of known and potential disagreement. |
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Identify your strengths and weaknesses. |
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Set a realistic goal for the outcome (what you are willing to walk away with). |
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Make sure all parties with settlement authority are involved in the process (this may be in person or by phone). |
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If I am unable to reach a settlement in Mediation, can I still go to court?
Yes. Since mediation is a confidential and voluntary process, the parties may proceed to other available legal remedies to resolve the dispute (Arbitration/Litigation). |
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Do I need to find an attorney for my dispute?
Although it is not necessary, it is always good to get guidance from someone who is familiar with the laws in your state. If your dispute is under $10,000 or has no monetary value, it may not be financially beneficial to hire an attorney. However, if you feel there is an unequal balance of power or you feel your rights will not be represented fairly, then you may which to consult an attorney. |
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How much will an attorney cost?
Attorneys' rates vary depending on the nature of the case and work involved. Some attorneys charge an hourly rate while others receive a percentage of the settlement. Please contact your selected attorney for their individual rates. |
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Do I need to find an expert witness?
It really depends on the nature of your dispute. If your dispute involves complex issues and you feel a professional in the field may strengthen your case, you may find it advantageous to consult an expert witness. |
