What
is Mediation?
Mediation is a process used to encourage
settlement of a dispute or compromise between disputants through the objective intervention of a neutral party.
What happens at Mediation?
The
mediation conference is attended by the parties to the dispute, their representatives, and a professionally trained
and certified mediator. Each party has an opportunity to present the facts of their case. Typically, the mediator will
facilitate communications between the representatives and request information to assist in reaching an agreement. The process
is non-adversarial and conducted in an informal manner, i.e. not in a court room. Mediation conferences provide an opportunity to
engage in confidential communications to assess common ground and resolve disputes.
Why will Mediation reduce my costs?
Litigation can
be very expensive. Even a "win" in litigation may have associated costs that exceed the value of the victory.
Mediation reduces costs because it has the potential to resolve a litigated dispute sooner and simpler. If introduced early
into the process mediation may avoid the cost and burden of unnecessary document production and depositions. A matter
resolved in mediation will avoid trial appearances and a determination by a third party (judge or jury).
Who will decide my case in Mediation?
The only persons who can decide the outcome of a mediation conference are the parties themselves.
A mediator may assist in identifying strengths and weaknesses of a case; however, the mediator will not, and cannot, make
a determination of the outcome of a dispute.
What are
my options if my dispute is in pre-litigation?
Controversies
not yet litigated may be successfully mediated. If you are considering this option, please contact our office.
How do I schedule my Mediation?
Please contact our office at (954)245-6017 and have the following information available: names of
the parties to the dispute, case number (if any), desired dates for the mediation conference, and any other relevant information.
