FAQ

The number of sessions needed to complete a mediation agreement varies greatly. The type and complexity of the dispute, and the ability of the participants to negotiate during and after the sessions are factors which directly affect the time and cost of successful mediation.

In mediation, the neutral third party listens to all sides of the issue and provides assistance and encouragement to the parties to resolve their own dispute. With arbitration, the neutral third party renders a decision for the parties after hearing all sides of the conflict. Disputants in mediation are empowered to negotiate for themselves and to jointly agree on an outcome. In arbitration, the disputants rely on the arbitrator for determining the outcome.

Although the types of conflicts, issues and situations vary, over half the disputes resolved at the Center are between and among family members. Families mediate conflicts relating to separation and divorce, parenting issues and other relationship issues. Community disputes include landlord/tenant, consumer/merchant, neighborhood, and friendship problems. Organizations and businesses also use mediation or facilitation services to resolve conflict between employers and employees, clients, management issues and inter-organizational disputes.

The best candidates for mediation involve parties who have an ongoing relationship and, therefore, have an incentive to resolve the dispute amicably. An interest in settling the conflict and support from others to do so are also positive factors for mediation success. Mediation may likewise be appropriate in situations involving several issues and parties where a comprehensive solution is called for.

Situations involving serious patterns of domestic violence, substance abuse, and mental disability are evaluated on a case by case basis as to their appropriateness for mediation. There has been some success with these situations; however, caution is necessary when there is an imbalance of power, when a party may have difficulty negotiating reasonably, or when there may be an inability to comply with an agreement.

Confidentiality is required by statute, and mediators cannot be summoned to testify in court. Information will only be released if all parties sign an authorization for release of information.

Generally, only the individuals directly involved in the dispute attend the mediation sessions. Occasionally, other people such as family members, lawyers, or other professionals are included if they are needed for support, or to assist with resolving the dispute. Both parties must give permission for anyone else to attend or observe.

Assuming the parties were aware of what they signed, and agreed to the terms without coercion, a signed Memorandum of Agreement is viewed as contractual. Generally enforcement is not an issue. Because the parties negotiate the agreement themselves after thoroughly considering the entire situation, and, generally, after consulting with their attorneys, they only sign if they believe that to do so is in their best interest.

Aside from initially referring cases, attorneys can be a very important resource to mediation clients. Consulting with an attorney prior to and during mediation provides clients with basic legal information that can aid with negotiations and can provide realistic understanding of alternatives. We recommend that mediation clients consult with an attorney before signing any Memorandum of Agreement.

Mediation provides a non-threatening, neutral setting where people can communicate more effectively. Here, a trained mediator guides disputing parties to come to an agreement while enabling the maintenance of long-term relationships. The pain and disruption from unresolved conflict can be reduced considerably with this process.