What is Mediation; Can it Help You; and How Does it Work?
In Mediation, parties hire a trained neutral to facilitate negotiations and assist the parties in resolving some or all of the disputed issues. The two key elements of Mediation are party control and confidentiality.
Party Control
In Mediation, the parties retain the ultimate control of the terms of settlement, rather than entrusting the outcome of their case to a judge or jury. While the parties select a neutral to assist them in Mediation, the neutral is only a facilitator and not a decision maker. Mediation can occur either before or during the pendency of a lawsuit, and it can be voluntarily scheduled by the parties or mandated by the Court.
Confidentiality
In Mediation, each party has the opportunity to have private, confidential communications with the Mediator. Each party can be confident that the Mediator may not disclose any information shared without the party’s express direction to do so. Additionally, the Mediator cannot be subpoenaed to testify, and nothing shared or discussed in a Mediation is admissible in Court. Confidentiality fosters the type of candid communication necessary for the Mediator to effectively assist the parties with their negotiations.
Settlement
When the appointment is scheduled, DIY Mediations will email each party a list of recommended documents to bring to the Mediation session. The documents will directly relate to the facts of the issues at-hand, and their availability at the Mediation will greatly assist the Mediator in helping the parties to reach a successful resolution. If needed, the parties are free to schedule a follow-up session to address any issues that remained unresolved after the first session. At the conclusion of each session, the Mediator will prepare whatever settlement documents are required by the court, and each party will leave the Mediation with a fully signed set.
SCHEDULE A MEDIATION
In Mediation, parties hire a trained neutral to facilitate negotiations and assist the parties in resolving some or all of the disputed issues. The two key elements of Mediation are party control and confidentiality.
Party Control
In Mediation, the parties retain the ultimate control of the terms of settlement, rather than entrusting the outcome of their case to a judge or jury. While the parties select a neutral to assist them in Mediation, the neutral is only a facilitator and not a decision maker. Mediation can occur either before or during the pendency of a lawsuit, and it can be voluntarily scheduled by the parties or mandated by the Court.
Confidentiality
In Mediation, each party has the opportunity to have private, confidential communications with the Mediator. Each party can be confident that the Mediator may not disclose any information shared without the party’s express direction to do so. Additionally, the Mediator cannot be subpoenaed to testify, and nothing shared or discussed in a Mediation is admissible in Court. Confidentiality fosters the type of candid communication necessary for the Mediator to effectively assist the parties with their negotiations.
Settlement
When the appointment is scheduled, DIY Mediations will email each party a list of recommended documents to bring to the Mediation session. The documents will directly relate to the facts of the issues at-hand, and their availability at the Mediation will greatly assist the Mediator in helping the parties to reach a successful resolution. If needed, the parties are free to schedule a follow-up session to address any issues that remained unresolved after the first session. At the conclusion of each session, the Mediator will prepare whatever settlement documents are required by the court, and each party will leave the Mediation with a fully signed set.
SCHEDULE A MEDIATION