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 Mediation
is a voluntary dispute resolution process designed to guide participants
through steps that promote mutual understanding and agreement
between parties. The process is facilitated through a neutral,
impartial mediator.
Successful mediation allows opposing parties
to avoid the emotional and financial costs of going to court
as well as
the long delays associated with litigation. Mediation is
conducted through a four-step process:
Assessment/Information
Gathering: The mediator works with the parties to identify
specific issues and set an agenda.
Participants discuss case information, facts and legal
theories as well as any obstacles or limitations to resolving
the
dispute. Brainstorming: The parties and mediator identify
possible settlement options and ways to resolve the dispute. Negotiation:
Based on the information gathered and available settlement
options, the mediator works with each side to reach
a negotiated deal. -
Final Settlement or Impasse: The mediator
drafts the parties Final Settlement or Impasse: The mediator
drafts the parties' written
settlement agreement and the parties execute the agreement
at the conclusion of mediation. At this point, the executed
agreement becomes the binding agreement between the parties.
If no agreement can be reached, an impasse is declared
and the parties may proceed with litigation.
Mediation provides
participants the opportunity to explore settlement options
without concern that the negotiations will
become court evidence. It opens the door for opposing parties
to reach a mutual, cost-effective and binding agreement.
The
firm's registered mediators handle both civil (business
and commercial) and domestic disputes.
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