Mediation Services

A mediator serves as an impartial third party in negotiations. The mediation process provides a safe and respectful forum for you to discuss and find a solution to your legal problems. The goal of the mediator is to help the parties communicate with each other. Communication is the key to negotiating a solution that both parties will find acceptable.

The mediator will help you share information, test your assumptions about the other side's positions, help you think through your positions, and promote negotiations between disputing parties. However, it is not the mediator's job to make a decision. Any settlement must occur by agreement of the parties. No solution can be forced upon you in mediation.

Everyone's concerns may be addressed in one meeting. It may take several meetings. You may need to reach interim agreements while working on a long-term solution in future meetings. You may wish to meet privately, or "caucus" with a mediator during the session. The mediator may also call for a caucus. Both the process and outcome are limited only by the imagination of the parties, and their continued willingness to participate.

Mediation is confidential. It is voluntary. You control the outcome. This is a particular benefit if children are involved, since you know their needs better than anyone else.

You may attend mediation with or without attorneys. However, since mediators do not give legal advice to either party, you should have an attorney review any mediated agreements before they become court orders.

Also, since mediators are by definition neutral, their capacity to control an imbalance of negotiating power between persons without legal counsel is limited.

Arbitration

In arbitration, the parties submit a disputed matter to an impartial third party who acts as a private judge. The arbitrator sets the rules for arbitration, in consultation with the attorneys. After hearing the evidence, the arbitrator will announce a decision. Appeal rights from an arbitration decision are often limited.

Arbitration is more commonly used in domestic cases as a result of clogged court calendars, or if the parties want a decision from someone with specialized knowledge concerning a specific issue the parties face.

Arbitration can be less formal and structured than going to court, depending on the rules set up for your case. It is usually quicker than going to court. It may be less expensive, but the arbitrator is paid with private funds.