The Civil Way to Resolve Conflict
Mediation


Mediation is the holistic aproach towards dispute resolution. The civilized process empowers all parties to solve thier own issues with the help of a facilitator, the mediator. Mediation takes place OUTSIDE the court room, while juried by the judical process.

The mediator is a trained facilitator, a neutral parties to the issues regarding the dispute. The mediator listens to and hears the concerns from all parties involved. Often restates statements in order to maintain clarity, and helps the parties achieve a satisfactory resolution of their dispute. Mediators provide a confidential forum, encourage discussion, and are not limited by rules of evidence and procedure governing court and arbitration proceedings. No decisions are imposed by mediators. Instead, mediators help people make their own decisions towards the solutions that works best for them.

What are the differences between litigation, arbitration and mediation?
In litigation and arbitration, someone makes a decision for the disputing parties. In mediation, the disputing parties mutually consent to their own agreement. Typically in litigation and arbitration, an advocate represents the disputing parties. In mediation, the disputing parties typically represent themselves. However, they may be assisted by legal counsel, experts, and consultants. Mediation is not a settlement conference. The goal of mediation is to find a mutual resolution to the disputed matter with all parties.

What are the advantages of mediations?

Mediation saves time, money; most importantly minimizes hostilities that maximizing good-will and cooperation between parties. Often disputes occure between thoses that must continue to live or work together. The mediation process provides a positive environment, a pro-active problem solving approach, and a confidential forum for discussions. Allowing people to continue to live and work together with thier mutural resolve.

Essentially, mediation is a process of both sides meeting in a nutural enviorment with a mediator for the purpose to discuss their conflict with the goal of a mutual resolution to the conflict. The mediator acts as a neutral facilitator during the process. This involves listening to all parties, keeping the course of discussion on track, asking questions that facilitate positive movement, at last submit a mediation summary that outlines the nature and resolve of the dispute.

Parties Statements & Witnesses: Mediation are structured but a less formal process, and all parties are encouraged to speak openly regarding the issues. The process begins with each party given the opportunity to make an opening statement following by the Mediator directing questions for clarity. Participants may invite witnesses, experts, legal counsel and other pertinent parties or individuals only when felt necessary for facts or evidence. Participants should notify the Mediator of any untruth of facts or evidance. The successful resolve can only be obtained in honesty between the principle parties.

Finding An Agreement: The Parties are empowered to make thier own decision in the case and agree to the resolution. The Mediator will attempt to point out common ground and help the parties create options for resolution. However, it will be up to the participants to select what solutions will work best for resolving the conflict. For this reason, the mediation should include principals representing each party that are empowered with sufficient decision making authority to resolve the dispute. If the parties reach a consensus for resolving the dispute, the Mediator will assist the parties in writing out their agreement. A written agreement signed by the parties at the conclusion of the mediation may prevent future conflict and confusion.

    Fee Schedule:
    Sliding Scale, Starting at $55.00 per hour + plus all fees*


  • Homeowner vs. Association Disputes - $85 per hour;
  • Homeowner vs. Homeowner Disputes - $100 per hour
  • Family (Divorce) - Sliding Scale fees
  • All other Disputes - Sliding Scale fees


All fees are split between the mediating parties.
*fees = court fees, filing fees and doc preparation Some pro bono mediations are available.



Home