MEDIATION
Mediation is a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. This informal and non-adversarial process helps the disputing parties reach a mutually acceptable and voluntary agreement.
The role of the mediator is to assist the parties in identifying the issues, fostering joint problem solving, creating a safe and comfortable environment for the free exchange of ideas and airing differences, and exploring settlement alternatives. The mediator is NOT a judge; does not make rulings; and does not evaluate the case or take sides in the process. The role of the mediator is to manage the process through which parties resolve their conflict, and not to decide how the conflict should be resolved.
Mediation offers several advantages:
- Immediate closure and certainty
- Limited or reduced costs and appeals
- Elimination of the uncertainly of jury trial
- Payment of settlement proceeds in thirty (30) days
- High success rate in reaching settlement
- No further investment in time and money
- Mediation participants are the authors of the terms of settlement
All civil disputes are conducive to the mediation process. These would include:
- Guardianship Disputes
- Real Estate Disputes
- Contracts
- Wills and Estate Matters
- Elder Care