FAQ Mediation

A mediator is a neutral third-party professional who facilitates communication and negotiation between parties involved in a legal dispute. Unlike judges or arbitrators, mediators don’t impose decisions; instead, they guide discussions to help parties reach a mutually agreeable settlement. Mediators can specialize in various legal areas, including family law, contract disputes, and business disagreements.

Mediation offers numerous advantages compared to traditional litigation:

• Cost-effective: Mediation is generally less expensive than going to court.
• Time-saving: Resolution through mediation is often achieved more quickly than court proceedings.
• Confidentiality: Discussions during mediation are typically confidential, unlike court hearings and trials, which are matters of public record.
• Preserving Relationships: Mediation can help preserve relationships between parties, which may be crucial in situations involving children, family-owned or inherited property and assets, or business partnerships.
• Increased Control: Parties can exercise much more control over both the process and the outcome compared to what they do in the court process.

Mediation can be used in a wide range of civil legal disputes. Some common examples include:

• Family Law: Equitable distribution of marital assets, spousal support and alimony, and child custody.
• Contract Disputes: Breaches of contract, and disagreements over performance terms.
• Real Estate: Property boundary disputes, title or ownership disputes, partition actions, construction claims and mechanic’s liens.
• Employment Issues: Workplace discrimination, wrongful termination, and negotiation of severance packages.

When a case has been filed in Superior Court of Federal District Court, mediation is also mandatory.

In many situations, when parties choose to mediate when not required to (or even before anyone files a lawsuit) they can save money, stress, and time by promoting more quickly to a forward-looking, problem-solving mindset.

The mediation process typically involves several stages:

• Intake: The mediator communicates with each party or their counsel individually to understand their perspectives and desired outcomes.
• Joint Sessions: The mediator facilitates discussions between both parties, fostering honest, respectful communication and identifying common interests that a negotiated resolution might accomplish.
• Negotiation: The mediator helps the parties explore potential settlement options.
• Agreement: If a resolution is reached, the parties or their counsel draft a formal agreement outlining the terms of the settlement, which is typically signed before everyone leaves the mediation session.

There are several ways to find a qualified mediator:

• Court Referral: Courts often maintain lists of qualified mediators.
• Attorney Recommendation: Your lawyer may recommend mediators they’ve worked with successfully.
• Professional Organizations: The American Bar Association (ABA) and American Arbitration Association (AAA) offer mediator directories.

Mediator fees vary depending on their experience, location, and the complexity of the case. Costs are usually split between both parties.

Whether mediation is suitable for your case depends on the specific situation. Discussing the option with your lawyer can help determine if it’s a worthwhile avenue to explore for reaching a resolution outside of court.