Parties in conflict mutually agree to have their case heard by a mediator and call for an appointment.
Each party will have an initial telephone intake, give preliminary information, and will be sent a consent to mediate form to sign and send back with a $150 deposit. A date and time will be set. The deposit ($300.00 total) represents total payment for preliminary interview(s), and up to 3 hours time to complete the mediation. Most mediations can be accomplished in this amount of time. Cases which require more than 3 hours will be billed at $100 per hour. Your entire case could be resolved for only $300.00, which is just a fraction of the costs involved in traditional lawsuits.
At the scheduled time and place, parties will meet with the mediator, all together. Each party will have the opportunity to discuss the issues as they see them and state what their expectations of the meeting may be.
Confidentiality: The entire mediation is kept confidential. All notes will be destroyed. The mediator cannot be called as a witness to testify for either party if the case should continue on to trial.
Each party will be offered a private meeting which will allow them to share their sides or discuss private issues if they feel the need to do so. During this private caucus, there is an "extra layer" of confidentiality present, in that what goes on in private caucus will be kept confidential from mediation session where all parties are present.
As the issues unfold and dialogue is opened, a deeper understanding of what exactly is at issue develops. Both parties work toward acceptable solutions.
There is discussion, offer and counter offers until there is a complete resolve. Once parties have clearly reached an agreement that is entirely acceptable, it is reduced to writing to be signed by all parties. If agreement can not be reached, either party at any time can discontinue the mediation.
REMEMBER—there must be someone for each party present at the mediation who has the capacity to enter into a binding agreement for that party.
If you are represented by legal counsel you may have your attorney present at the mediation. Mediators do NOT give legal advice.
Mediation is a voluntary process. What a rewarding way to settle conflict. People coming together on their own volition, open minded and forward looking. Offer and acceptance of terms crafted by the participants of the dispute are most likely to endure.