General Mediation Questions
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR). It is a non-adversarial process for resolving disputes. This process is great for resolving all types of disputes, particularly when the parties to the dispute want to carry on a relationship in the future.
The key to the mediation process is that the parties are communicating and making their own decisions -- there is no judge or other third party to make the decisions. An impartial person, called a mediator, assists the parties in identifying common goals and interests. The mediators are present only to help the parties communicate their ideas, and to offer options which will minimize the possibility of future disputes.
Why Mediate?
Cost
Mediation is cost efficient and saves parties and attorneys time and money. Most cases will settle in one mediation session. A jury trial is substantially more expensive for every party involved, whether you are right or wrong.
Resolution
At the end of a successful day of mediation a case is over. The parties will have resolved their differences once and for all. Since the parties agree to a solution, no one feels short changed or has the need to appeal.
The following are examples of agreements made in settlement that would not ordinarily be available to a court:
- Reemployment of a wrongfully discharged employee;
- Modification of a restrictive covenant in an employment contract;
- The grant of a long term lease of real property in exchange for partition of the same property;
- The establishment and funding of a trust to pay for a child’s higher education;
- A written apology to a person whose civil rights were violated (never underestimate the value of a written apology);
- An agreement by an individual to pay an otherwise uncollectible corporate obligation;
- A payout plan for uninsured personal injury damages;
- The restructuring of a corporation;
- Distribution of assets under a contested will.
Mediation allows parties to settle their disputes with remedies that might not be available at the courthouse.
Future Business
It is not unusual for a business to find itself in a lawsuit with a longtime vendor or customer over an unpaid account receivable, a warranty problem or a dispute over terms and conditions of a sale. Once a lawsuit is instituted not only do the parties incur the expense of prosecuting and defending the lawsuit but an ongoing mutually beneficial business relationship often ends. More often than not by mediating a dispute not only can the lawsuit end but the preexisting business relationship can be restored.
Personal satisfaction
A party to a lawsuit who has a personal hand in bringing about a resolution of a dispute and a lawsuit will always feel vindicated at the end of a successful mediation. The court process does not offer the face to face meeting between parties and the free exchange of thoughts that a mediation offers. Parties who are allowed to work out their own resolutions to disputes always retain a deeper sense of satisfaction as to the outcome than if the lawsuit was decided by a judge or jury.
Confidentiality
Trials are held in public. Mediations are held in private. Testimony in a trial is public. Conversations in a mediation are private. The outcome of a trial is public. The outcome of a mediation can be made private. In many business settings and in virtually all family and personal disputes privacy and confidentiality are necessary not only to protect the parties financial needs but their emotional ones as well. The cash flow problem of a business, a spouse’s reasons for divorce, or a child’s special needs are just a few examples of things that are no one’s business but the parties directly affected.
Scheduling
Mediations on MediateMe are scheduled by the parties. The parties are free to schedule the actual mediation date and time to fit their own calendars.
Who Mediates?
Mediation is great for nearly every kind of dispute. If you have a dispute and want it resolved in an inexpensive and quick manner, try MediateMe.
How much does it cost?
Anything from Free on up.
Is the mediator going to decide our dispute?
No, the mediator will not hand down a decision like a judge. You will only come to a resolution if you agree.
Who are the Mediators?
They are lawyers, school teachers, members of the community, mothers, fathers, students, you get the idea. Anyone!
Do you have to be a lawyer to be a Mediator?
No. There are no qualifications in the United States to call yourself a mediator and help resolve disputes.
Can I do court ordered mediation on MediateMe?
Not yet, but we are working on it.
Can I get legal advice from a Mediator?
Only lawyers can give legal advice within the United States. Furthermore, a mediator is not supposed to give legal advice. They are there to help you resolve your dispute outside the legal arena.
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