Mediation

What is mediation?

Mediation is a voluntary, confidential process where a neutral third party, called a mediator, helps disputing parties communicate and negotiate a mutually acceptable solution. The mediator does not make decisions for the parties but facilitates dialogue to resolve the conflict.

Is mediation legally binding?

Mediation is legally binding when parties reach an agreement and decide to put it in writing. Once both parties sign the agreement, it can become a legally enforceable contract. However, the mediator does not have the authority to impose a binding decision. If one party does not comply with the terms of the MSA, the other party can seek enforcement by filing a motion with the court. Since the agreement can be presented as evidence, a judge may order the non-compliant party to fulfill their obligations under the MSA.

What types of disputes can be resolved through mediation?

Mediation can resolve a wide variety of disputes, including workplace conflicts, family disputes (such as divorce or child custody), business disputes, community issues, landlord-tenant disagreements, and educational conflicts, among others.

Do I need a lawyer for mediation?

Having a lawyer is not required for mediation, though some participants choose to have legal counsel to ensure their rights are protected. The role of the lawyer in mediation is more advisory, helping the client understand their options without taking over the process.

How long does mediation take?

The length of mediation varies depending on the complexity of the dispute. Some mediations can be resolved in a single session, while others may take several sessions over weeks or months. Mediation is generally much faster than court proceedings.

What happens if we don’t reach an agreement in mediation?

If mediation does not result in an agreement, the parties can choose to pursue other options, such as arbitration or going to court. Mediation is non-binding unless an agreement is reached, so parties are free to seek alternative dispute resolution methods if necessary.

Is mediation confidential?

Yes, mediation is a confidential process. What is said during mediation cannot be used in court, and mediators cannot be called as witnesses. This allows for open, honest communication without fear of repercussions.

How much does mediation cost?

Mediation costs vary depending on the mediator’s fees, the complexity of the case, and the number of sessions required. Mediation is generally more cost-effective than litigation, as it avoids extensive legal fees and court costs.

What role does the mediator play?

The mediator acts as a neutral facilitator, guiding the parties through a structured dialogue. The mediator helps clarify issues, encourages communication, and assists the parties in exploring possible solutions, but they do not provide legal advice or impose decisions.

Arbitration

What is arbitration?

Arbitration is a method of resolving disputes outside of the court system. In arbitration, a neutral third party known as an arbitrator hears the evidence and arguments from both sides and then makes a binding decision to resolve the dispute.

How does arbitration work?

Both parties agree to submit their dispute to an arbitrator or panel of arbitrators. After presenting their evidence and making arguments, the arbitrator makes a decision called an "award," which is typically final and enforceable in court.

What are the benefits of arbitration?

• Faster resolution: Arbitration is often quicker than traditional litigation.

• Less formal: The process is less formal and more flexible than court proceedings.

• Confidential: Arbitration proceedings are usually private, unlike court cases, which are public.

• Expert decision-makers: Arbitrators can be chosen for their expertise in the specific area of the dispute.

Is arbitration Legally Binding?

In most cases, yes. The arbitrator’s decision is binding and enforceable in court, with very limited opportunities for appeal.

When is arbitration used?

Arbitration is commonly used in commercial contracts, employment disputes, and consumer agreements. Many contracts include an arbitration clause requiring disputes to be settled through arbitration instead of going to court.

Can I appeal an arbitration decision?

Appeals are very limited in arbitration. You can only challenge an arbitration award in court under very specific circumstances, such as arbitrator misconduct or fraud.

How is arbitration different from mediation?

In arbitration, the arbitrator makes a decision for the parties, which is binding. In mediation, a mediator helps the parties reach their own voluntary agreement, but does not make a decision for them.