Mediation

Mediation is private and confidential. It is the process in which a neutral third party (mediator) assists the parties to discuss and try to resolve the dispute, allowing each side to feel heard. The intent is to see if a creative resolution (settlement) is able to be achieved in order for the parties to avoid the time, effort and expense of a trial.

Frequently Asked Questions

Why mediate?

The goal is to allow for a fair and efficient process in which to resolve disputes and reach an agreement. Mediation is generally less costly than resolving a dispute through the traditional court system. Mediation allows for a win/win whereas a trial will most times result in a winning side and a losing side. Within mediation, there is the advantage of clients sharing his/her perspective and providing input to resolve their issues.
Who can participate in the mediation process?

All parties involved in the legal dispute are able to participate in mediation. If the parties have retained attorneys, they may also attend the mediation to advise their clients during the process and on the final terms of the agreement once reached.
What is the role of the mediator?

The mediator is a neutral party whose goal is to help the parties find a resolution to their personal issues and concerns. Any agreement must be reached by consent of all parties involved. Mediators will not take sides or give legal advice to any of the parties involved in the mediation.
Is the mediation settlement legally binding?

Once the mediation agreement is signed by both parties and approved by the Judge, it becomes a legally enforceable contract. The case is then settled and there is no longer a need for a trial.
Do I have to sign an agreement during the mediation process?

Participating in mediation is voluntary therefore it is not required that the parties reach an agreement during mediation. The signing of the agreement is up to each party, a mediator is not able to force any party to sign.
What is the next step once both parties agree to settle?

The mediator prepares a settlement agreement that is reviewed and then signed by all parties involved in the process. The agreement is then submitted to the court for a judge’s review and approval. It will then be entered into the Court record. As long as both parties uphold to their agreement, the settlement agreement will finalize the case.
If we can't come to an agreement, what happens next?

When the parties cannot reach a final agreement during the process, there are times a continuance is requested. Otherwise, the Judge will set the case for trial and any necessary pre-trial conferences.