ESQ. MEDIATION

Successfully Resolving Disputes for Over Quarter of a Century

What is mediation?

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          Mediation is a non-binding, informal, and confidential process in which a neutral and impartial person called a “mediator” helps the parties to understand the positive and negative aspects of their legal case, and their legal obligations, choices and liabilities. The mediator helps the parties to explore legal and practical settlement options, and reach an acceptable solution to the dispute, through focused and constructive communication.

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          Unlike a judge or an arbitrator, a mediator does not render a decision, or declare a winner or loser of a case.  A mediator helps the parties communicate effectively so that they can try to settle the dispute. Mediation leaves control of the outcome with the parties.

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Why mediate?

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• Mediation is a voluntary, confidential process.

• Mediators do not give legal advice and will not judge you on your case.

• Mediation could save time and money.

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What types of cases are

appropriate for mediation?

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          Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbors, or business partners have a dispute, mediation may be the alternative dispute resolution process to use.

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          Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties out and help them communicate with each other in an effective and non-destructive manner.

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What types of cases may not be

appropriate for mediation?

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Mediation may not be effective if one of the parties is unwilling to cooperate.

 

Which cases qualify for mediation?

 

All types of general civil cases qualify and may benefit from the mediation process.

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How is a mediator chosen?

 

Parties choose a mediator who is mutually agreeable based on the mediator’s experience, market rate, etc.

 

Who pays for Mediation?

 

          Generally, the mediator fees are split equally among the parties. However, in some limited cases, one party may decide to pay for the entire mediation session.

 

Who attends the Mediation?

 

          The mediator, the attorneys, and the parties must attend the mediation. Both sides must have at least one person present who has the authority to settle the case.  If there is an insurance company involved, typically an adjuster will also attend.

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What if the Mediation is not successful?

 

If the mediation does not resolve the dispute, the case will proceed to litigation, if necessary.