WHAT IS MEDIATION?
Mediation FAQs & Answers
Mediation is a process to resolve disputes. Mediation is neutral in that the mediator does not represent either party but instead facilitates a resolution which honors each parties’ interests. A mediation lets the parties air their issues and reach a solution.
Mediation is a party driven process. The Mediator will explain and administer the process, create a flexible structure, and explain the Mediation process step by step so everyone understands what will occur.
Statistics show that Mediation is successful approximately 80% of the time.
Mediation Masters will assign a trained Mediator to your Mediation. Our panel of mediators consists of highly skilled professionals from a wide variety of backgrounds.
Mediation is voluntary. No one, not even the Mediator, can force either party into a solution if that party is unwilling.
You can continue to live with the problem, or you can attempt to resolve it through arbitration or in court. See below for a comparison of mediation with the Arbitration and Court processes.
Yes. The Mediator is required by law to keep all information obtained in the mediation confidential. The Mediator cannot be called as a witness and does not share confidential information unless authorized to share by the party providing the information.
Mediation creates a settlement or solution to the problem(s) which the parties agree to. With mediation, there is no “winner” like in a trial. Instead, the resolution and outcome are created by the parties to the mediation, not by a third party. In Mediation, the parties are masters of their own conclusion.
Mediation is an out-of-Court private settlement process. Court is a public legal process. The judge or the jury are paid by the taxpayers and the case is heard by the judge or jury available. The judge/jury always decides a winner and a loser. The case is presented in public in the Court house, with the Court rules, during week days, at the convenience of the Court. The parties generally need to be represented by an attorney. The rules of evidence apply, and the winner gets money damages. The cases can take from 12 months (cases of modest amount) to years (for complex cases over 3-5 years from start to trial and sometimes more) to go through the court trial process.
Yes. Mediation is a process that can take place before, during, and after Court or Arbitration. Since Mediation is a private settlement process, the existence of a Court case or an Arbitration never stand in the way of the parties trying to reach a resolution to the dispute.
No. Mediation can be a DIY (Do it yourself – no lawyer needed). The parties are always welcome to bring a lawyer, but the process is party-driven and so a lawyer is not necessary. Mediation Masters always welcomes counsel to its process.
Mediation Masters comes to you. If you have a large room available that is all that is needed. If not, no problem, Mediation Masters can arrange space for your mediation.
Our mediation schedule is flexible (the mediation can be done at night, during a weekend, or at the convenience of the parties and the Mediator). Mediation Masters recommends a 2 hour mediation. If more time is necessary, that can be arranged.
Scheduling – at the convenience of the parties, mediators are available during regular business hours, evenings, and weekends. (For Condo single issue mediations only.)
Mediation Masters offers a flat rate for a 2 hour mediation. For homeowner’s associations, see Mediation Masters special package pricing. For more complex, longer or multiple mediations, Mediation Masters will make recommendations based upon the type of dispute and number of parties.