Mediation is a process whereby a neutral third party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. During Mediation, a professional mediator assists you and the other involved party in reaching a mutually satisfactory agreement. Mediation can occur during the pre-suit, prejudgment or post-judgment aspect of the proceedings.
Mediation can involve civil disputes or family disputes. For instance, civil disputes could arise out of automobile negligence, slip and fall, construction disputes, alleged breach of contract or landlord-tenant disputes. In Family Law the dispute could involve parental time sharing, child support, medical payments, alimony or personal property. The benefits of mediation are numerous.
Mediation costs are significantly less than litigation expenses. The average cost for mediation ranges between $600 to $2000 while the average cost for litigation ranges between $15,000.00 and $25,000.00. There is an emphasis on cooperative rather than competitive conflict resolution. In Family Law matters effecting children, mediation helps parents determine time sharing arrangements that best meet the emotional and social needs of their family. The mediation hearings are scheduled within a much shorter period of time than regular court hearings. All communication in mediation proceedings is confidential where parties can be heard and respected and the communication is inadmissible as evidence in any subsequent legal or criminal proceedings, unless both parties agree otherwise. Pre-judgment agreements are incorporated into the final agreement, and post-judgment agreements can be incorporated into court orders without a court hearing.
Mediation proceedings are conducted in an informal, balanced and timely fashion. The mediator reduces obstacles to communication, assists in the identification of issues, explores alternatives and facilitates voluntary agreements. In essence, the mediator’s goal is to make the process relaxed and straightforward for the parties so that they not feel mired or stuck in the intricacy of the legal system. In other words, “a mediator should be able to put the hay down where the goats can eat it.”