Mediation FAQ's by Michael J. Shane - Shareholder/ Mediator

August 1, 2017
Mediation FAQ's by Michael J. Shane - Shareholder/ Mediator

External Article Link FAQ about Mediation

What is mediation?

Mediation is a highly effective form of settlement conference in which a trained and skilled neutral (the mediator) facilitates communication, reconciliation and negotiation between the parties, in order to achieve the voluntary and mutually acceptable resolution of disputes. ** How long does mediation take?**

Most cases can be resolved in one full day mediation session of 6-10 hours. However, many mediators half-day sessions for less complex cases.

What goes on at a mediation session?

There are two types of meeting that occur: 1) the joint session where all party representatives and their attorneys meet with the mediator and outline the basic issues and contentions of the case; and, 2) the caucus - private and confidential meetings between the mediator and each of the parties and their attorney(s).

What if the mediation does not result in a settlement?

The parties lose nothing. They may still go to court to resolve their case and what they learn about their case may help the case settle later. Follow up studies show that about two thirds of the cases that did not initially settle in mediation do settle before trial.

Is mediation mandatory?

Can Parties mediate before a lawsuit is filed and even before attorneys are invloved?

Absolutely. Mediators are available to try and settle claims before a lot of time and money has been spent on going through the legal process.

Is mediation confidential?

Even though mediation is designed to facilitate open and honest discussions about the dispute, anything discussed in a mediation is confidential and cannot be used in a lawsuit. The Mediator is also bound to keep his discussions with one party confidential from the other party or parties to the mediation if requested.

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