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Mediation FAQs

  • What is mediation?
    Mediation is negotiation carried out with the help of a trained facilitator. Two or more parties meet with a neutral third party, who guides the negotiation process by … more
  • How do we get to mediation?
    The mediation process is usually voluntary ­ the parties in a dispute come to an independent agreement to try to work things out with the help of a mediator. … more
  • How much time is required to schedule a mediation?
    Generally speaking, the parties themselves determine the scheduling of mediation, unlike in the court system where the "court docket" and relevant court rules define … more
  • Who starts first in mediation?
    There is no set format for the actual mediation process. However, as a general rule, all mediations involve a series of joint and separate meetings. The first step is … more
  • Who keeps things under control?
    After the initial airing of rules and views, the mediation enters a problem­solving phase. During this phase, often called the "Caucus Phase," the … more
  • What happens when an agreement is made in mediation?
    Once the case is settled in a way that is agreeable to all sides, the mediator and/or parties will draft a document outlining the terms of the agreement and … more
  • Is mediation voluntary?
    Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is … more
  • Do I need an attorney for mediation? Who else should attend?
    Parties must carefully consider who should attend the mediation. It is particularly important that people with decision­making authority be present. A written … more

Alternative Dispute Resolution Sub-categories

Arbitration Mediation

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