If you are going to mediation, it is helpful to know exactly what the mediator does. The mediator’s position is to facilitate the most productive conversation in order to allow parties to reach a resolution together. The mediator’s role is to assist and guide the parties, rather than make a judgment or insert his/her own
Before we dive into the different avenues to get to Mediation, I want to explain the difference between Private Mediation, Court Ordered Mediation and Arbitration. Private Mediation and Arbitration are often assumed to be the same thing, but they are not. Mediation vs Court Mediation is a settlement process that takes place with the assistance of
You’re In Control: Most people do not enjoy or look forward to going to Court. It is a very stressful situation and the Judge is ultimately in control of making the final decisions. Mediation or arbitration gives you the option to be in control of the outcome and negotiate what will work best for you.
Med-Arb is the process of combining mediation and arbitration. If you believe that mediation and arbitration are the best options for solving your dispute, simply retain a mediator and have the agreement to mediate/arbitrate include provisions authorizing the mediator to make final decisions, as an arbitrator, on any issues which you cannot agree. The arbitrator
In my blog last week I discussed the process of mediation. What happens if mediation doesn’t work? If the parties cannot come to an agreement on the issues during mediation, the mediator can become the arbitrator for the parties if they agree to such an arrangement. In such cases, the arbitrator is authorized by the
Mediation is a process for the settlement of disputes outside of trial, the courtroom, and the judge that puts you in control of the outcome. Unlike typical litigation, mediation is aimed at creating a solution in the most efficient and cost-effective way with an outcome that is created by and satisfies everyone involved. You do
So you’ve decided that mediation is the right option for you, and determined which type to proceed with. Now, you need to take the steps necessary to make the most out of your time in mediation. Depending on the type of mediation you are participating in, you may or may not get a say in
By: Christa Banfield, Esq. You’ve now been able to read up on the pros and cons of mediation. Assuming you’ve decided that the pros outweigh the cons – and I’d opine they usually do – your next step is to think about the different types of mediation and decide which would best fit your needs.
By: Christa Banfield, Esq. Last week I wrote about the pros of mediation. While I do believe there are many more pros than cons to mediation, there are certain cases where the cons may outweigh, making mediation difficult, if not impossible. An extreme example is where the opposing party is unable or unwilling to participate
By: Christa Banfield Esq. Without fail, every person I meet with regarding a divorce will ask me, “How much is this going to cost me from start to finish?” And for good reason. People already realize that they are going to have to split their assets upon divorce, they don’t want to think about losing