| 1 |
Q |
What is Mediation? |
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A |
Mediation is best described as a voluntary and confidential process in which the parties seek to find a practical solution to their dispute. The parties are guided in their decision-making process by a neutral third party, the mediator, who assists the parties in finding a solution to which both agree and which has regard to the different concerns of those involved. |
| 2 |
Q |
What characteristics do you look for in a mediator? |
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A |
When choosing a mediator for the cases that I litigate, I look for the following characteristics:
- Knows the law
- Experienced
- Knows the true costs and challenges of litigation
- Empathetic - is a good, sympathetic listener
- Relates well to people
- Diligent
- Firm when necessary
- Flexible when that is required
- Stamina (mediation can sometimes be a marathon)
- Adaptable to the circumstances presented
- Creative (able to come up with unique solutions for difficult problems)
- Possesses common sense
In short, I would hire me, if I could. |
| 3 |
Q |
What are your fees for mediation services? |
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A |
My hourly fee is as follows:
2 parties $125.00 per hour, per party
3 parties $ 90.00 per hour, per party
4 parties $ 75.00 per hour, per party
The fee includes time spent reading and reviewing materials submitted in advance of mediation, conferring with counsel before and after the conference, as well as time spent at the mediation conference. The minimum amount of time I schedule for a mediation conference is two hours. |
| 4 |
Q |
What are the benefits of mediation? |
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A |
[a] Settlement agreements are reached voluntarily so parties do not run the risk of having a judge or a jury deciding against them and losing their case;
[b] As an informal and flexible process, mediation saves time and costs, being much faster than adjudicatory processes, and unlike adversarial proceedings, it can lead to an improvement of party relations by overcoming or reducing communication problems; The process of mediation is structured, timetabled and flexible, that the normal form of negotiation would not have.
[c] Mediation is confidential. Mediation is a process for parties who value their privacy; It is a private and confidential process in which the mediator is the key feature to the success of the mediation. The mediation discussions by the participants are confidential and, except in a few circumstances involving criminal behavior, statements, concessions and settlement proposals made by the parties cannot be used in litigation
[d] As settlements are voluntarily entered into, it is less likely that parties will renege on the terms of the settlement, but if they do, they can be enforced by a court
[e] Mediation reduces costs to parties as it can eliminate the high expenses and fees associated with litigation, as well as reducing the stress from uncertainty, costs and time associated with litigation. |
| 5 |
Q |
What types of cases are suited for mediation? |
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A |
Mediation can be used for many purposes, including settlement of disputes, management of conflicts, negotiation of contracts, policy-making and conflict prevention. |
| 6 |
Q |
Is mediation only for cases already in court? In what kind of situations can mediation be used? |
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A |
No. Parties can use a mediator for mediation in a variety of conflicts, for example legal, workplace, commercial, diplomatic, family and community matters. |
| 7 |
Q |
What is the mediation process like? |
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A |
The mediation process varies from case to case, because of mediators' various techniques, and the dialogues between parties which are open and aim to assist the parties in reaching a settlement with definite terms to overcome the dispute. These factors depend greatly on the mediator's skills and training as well as experience and expertise. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed. Since I have taken part in so many kinds of cases. |
| 8 |
Q |
What do mediators do during the mediation process? |
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A |
Mediators use their experience and professional communication skills during mediation in order to bring each party closer together to then find a successful solution to the matter that is acceptable to all of the parties.
Depending on the parties and the matter to be decided, the mediator can adopt different mediation techniques. They range from an active involvement in the substantive outcome of the dispute using evaluative or directive approaches, to a more facilitative model where the focus of the mediation process is to assist parties achieve a settlement by managing the process of negotiations between them. |
| 9 |
Q |
What is the role of the mediator? |
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A |
The role of a mediator is primarily to investigate with the parties their views and opinions and hopefully guide them towards a common interest which will result in a feasible solution. The role of the mediator is not to attempt to control and convince one party to accept the terms of the other party of the dispute, nor to tell the parties how the matter is to be resolved.
When the disputes are more personal or emotional, such as in family disputes that have come to mediation, it is the mediator's job to then find a way to get past these emotions by creating appropriate conditions and environment that will lead to a constructive negotiation taking place. |
| 10 |
Q |
What Happens During A Mediation? |
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A |
The mediator introduces the process and then invites each side to explain the conflict from their own perspective. This allows the mediator to better understand the dispute in order to ask questions designed to clarify the respective issues that need to be resolved. The parties are advised that the mediation process is entirely voluntary, and that they may elect to end discussions at any time. Guidelines for appropriate conduct are detailed, often consisting of not interrupting another person speaking, and being respectful to each others case perspective.
My technique and approach varies on a case by case basis. Commonly, the mediation will begin in a joint session with all parties present to discuss the issues face-to-face. The mediator's role is to help maintain the parties focus on these issues during the entire course of the proceeding. I will then hold private sessions with each side talking in greater detail about the respective positions of that party. I use those private sessions (you may hear of them referred to as caucuses) I will use those private sessions to exchange messages between the parties, foster clarifications, carry questions and proposals to each side. The mediator also uses the private sessions to facilitate negotiations by transmitting offers and counteroffers between the parties. |
| 11 |
Q |
What happens when an agreement is reached? |
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A |
Once the mediation has concluded to a successful settlement, the terms of the agreement are documented, written and legally binding and then signed the parties. |
| 12 |
Q |
What happens if the parties are unable to settle their dispute? |
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A |
In the event that an agreement is not reached by the parties by the end of the mediation session, the mediator will then outline the key points that still need to be addressed with the parties, with a view to further negotiate in the future, which in some cases could be the next day, especially the most complicated cases. I am prepared to take as long as it takes to get the matter resolved. If the mediating parties are unable to reach an agreement, the mediation process gives them the chance to narrow the issues in the case should they later select litigation. |
