You have questions…we have answers. Browse the FAQs to find information on common questions about mediation. Should you have a question not found in our FAQs, feel free to call or use our online calendar to schedule an appointment. We’re here to help!
What Is Mediation?
Mediation is a proceeding where a neutral third party, the mediator, assists the parties in resolving a business or personal dispute.
Why Choose Mediation Rather Than Filing a Lawsuit?
Choosing mediation can mean less time, expense and frustration for all parties. Litigation often results in a “win-lose” situation for those involved, whereas mediation can result in a “win-win” agreement that is acceptable for all parties. As a rule, a dispute becomes public information upon the court filing. When mediation is utilized to resolve business or personal issues, in general all communications made during the mediation session remain confidential.
When Does Mediation Take Place?
Mediation can take place before a lawsuit is filed, and it may also occur during litigation. Parties may voluntarily seek a mediator’s services to resolve a dispute, or a Court may order a case into mediation.
What Happens During a Mediation Session?
A mediation session is typically conducted through a face-to-face meeting of all the parties (called a “joint session”). Private, one-on-one meetings between the mediator and one party may also occur during the mediation (called a “caucus”). Virtual joint session and caucus mediation via conference call or web-conference is also an option.
Who is Present at the Mediation?
The parties involved in the dispute and the mediator attend the mediation. A party can choose to be represented by a lawyer at the mediation, or the party can participate without a lawyer present. Depending on the nature and complexity of the matter, others may attend the mediation session, such as witnesses, insurance representatives, experts and consultants.
Can What I Say During Mediation Be Used Against Me Later?
In general, all discussions and communications made during mediation (and during a caucus) are confidential. This allows the parties to speak freely without fear of statements or admissions being used against the party in court.
Does the Mediator Render a Judgment?
Unlike a judge or arbitrator, the mediator has no power to render a judgment or decision that is binding on the parties. The mediator facilitates the dispute resolution process, but the parties are in complete control of the outcome.
Am I Required to Settle The Dispute During the Mediation?
The parties are not required to make a decision or settle the dispute during the mediation. However, very often the parties will be able to reach an agreement, and settle the dispute. The agreement should be set forth in a written document signed by the parties, which can be enforceable after the mediation session has ended.
Why Use an Experienced Mediator?
The mediator’s background, training and experience help facilitate discussion and open channels of communication between the parties, so that the dispute may be settled in a manner agreeable to all involved.
How Can I Schedule a Mediation Session with EB Resolution Services?
To schedule a session, please call us at (818) 753-2326 or email us at firstname.lastname@example.org.