How does Mediation work?
Mediation sessions are generally rather flexible by nature. The object is not to be to tightly bound to a rigid, formal structure, which can frequently turn such negotiations adversarial.
What is Mediation?
Mediation is a method of resolving conflicts in a non-coercive manner. Essentially, the mediator serves as a facilitator and referree, helping all parties to a conflict to come to a mutually agreeable solution. This differs greatly from the standard litigation/arbitration model, in that the Mediator does not decide on a "winner" and a "loser," nor does the Mediator decide what the "proper" solution will be, and impose it on the parties to the conflict.
Are Mediation Proceedings kept Confidential?
Yes they are. The mediator will take notes during the session in order to facilitate the discussion and to refer to in writing the contract the parties will sign at the end, but these notes will be destroyed after the session is over. The disputants are welcome to take notes as well, but we ask that they be turned over to the mediator at the end of the session to be destroyed as well. Thus, the notes and other records of the proceedings are immune to subpoena.
Can I have my attorney with me during Mediation?
The short answer is no, we do not allow attorneys to participate in our mediation sessions.
There are several reasons for this.
First of all, mediation is an alternative to litigation, and as such, attorneys have no place in the proceedings.
