To Mediate or Not? The key issue is whether a party is ready to seriously attempt a negotiated settlement. If a party is insisting on pre-conditions to a mediation or sees the mediation as an opportunity to “send a message” rather than an opportunity to resolve, then there may be little prospect that a successful… Continue reading FAQ: Why you might not mediate?
FAQ: When is mediation appropriate? Mediation can take place at any stage from before legal proceedings are issued up until trial and even after trial. Obviously, the earlier mediation takes place, the better chance of saving costs, avoiding publicity and possibly preserving future relations between the parties. However, at a later stage in proceedings mediation… Continue reading FAQ: When is mediation appropriate?
Role of the Mediator The role of the mediator is not set in stone. Typically the mediator acts as a neutral third party and facilitates rather than directs the process. At all times, the parties and not the mediator control the outcome of the process. Establish a Process A good mediator is somebody who is… Continue reading FAQ: What is the role of the mediator?
FAQ: What are the potential benefits of mediation? It is: A voluntary and confidential process where participants determine the outcome for themselves rather than it being determined by a Judge, jury or an Arbitrator. Offers a wider range of possible outcomes than can ever be determined by a Court. Provides an opportunity for the parties… Continue reading FAQ: What are the potential benefits of mediation?
Mediation is a form of alternative dispute resolution (ADR), which can be used as a way of resolving a dispute between two or more parties with the assistance of a mediator who acts as a neutral third party and facilitates the process with a view to the parties voluntarily negotiating a settlement of their dispute. … Continue reading FAQ: What is Mediation?
Do I have to have a lawyer at my mediation? No, it is not necessary to have a lawyer representing you at mediation. If you have a lawyer already representing your interests in the dispute you would need to discuss this with him or her. If you feel you need legal advice or that you… Continue reading FAQ: Do I have to have a lawyer at my mediation?
It is assumed that a retired judge makes a better mediator than someone that has not been a judge. This couldn’t be further from the truth. Rendering judgment requires an entirely different skill set than helping the parties resolve their case through mediation. The day to day activities of a judge do not lend themselves… Continue reading Is a Retired Judge a Better Mediator?
How long should mediation take? We have grown used to life happening instantaneously. What we forget is that despite all the fast and furious technology, we remain human beings. We may be more sophisticated overall, but are otherwise no different than we were thousands of years ago. Our thought processes and decision-making ability have not… Continue reading How long should mediation take?
When you hire me as your mediator, you are buying the opportunity, through a neutral third party, to evaluate with someone who is an objective “sounding board,” your real needs (personal, economic, spiritual, etc.) and to evaluate which dispute resolution process will best help you meet those needs. * You are buying my opinions and… Continue reading What am I actually getting for my money when I hire a mediator?
Who Should Attend the Mediation? All parties involved in the interactions that gave rise to the dispute should be involved in the mediation. This helps me, as mediator; crystallize with the parties exactly what happened. A party may also be more candid with me when they know they may be faced with others who know… Continue reading Who should attend the mediation?