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The Mediation Process
The Mediation Process
Decision to Mediate
Decision to Mediate
Commonly one party decides it would be helpful to reach resolution outside of court and suggests mediation to the other party.
In pending litigation, the court might suggest or order the parties to attend mediation.
Initial Consultation
Initial Consultation
During the initial consultation, the mediator will conduct a conference call with the parties and/or their lawyers prior to the mediation.
This call is an opportunity to ask additional questions and to share any information that might be valuable in moving the process forward. If the mediator needs any written information prior to the mediation, it would be discussed during this call.
HOURLY
$150/
Per Party
2 Hour Minimum
HALF-DAY
$600/
Per Party
4 Hours
FULL-DAY
$1200/
Per Party
8 Hours
P H A S E S O F M E D I A T I O N
P H A S E S O F M E D I A T I O N
Introduction
Introduction
The mediator first explains the process to be utilized and establishes the ground rules for full confidentiality and mutual respect.
Presentation of Views
Presentation of Views
Each party presents their view of the dispute. This process continues as long as necessary to get the issues on the table.
Problem Solving/Negotiation
Problem Solving/Negotiation
The mediator helps the parties focus on identifying the real issues and addressing them.The negotiations continue until successfully completed or until the parties decide that they are unable to reach a resolution.
Resolution
Resolution
A settlement agreement is defined in writing when the parties reach agreement. Each party defines and agrees to uphold to the terms of the agreement. If questions are raised during the final review, the parties can agree to return to mediation to discuss the issues and finalize the agreement. Agreements affecting the rights of children may be subject to ongoing judicial review.
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