FAQs

Q: "What is mediation?"

A: Mediation is a mutual interest process of collaborative communication, discussion and problem-solving between disputing parties that is facilitated by an impartial mediator(s). It is designed to enable the disputing parties to talk with each other about the conflict and work together to develop solutions that provide a satisfactory resolution to the conflict. Agreements reached between disputing parties are usually documented in writing, dated and acknowledged with the signatures of the disputants and mediator(s).

Q: "What is the mediation process and what are its key elements?"

A: Mediation is organized around the concept of "informed consent" meaning that the parties understand, and agree upon, the nature of the process they will be using. As long as these conditions are met, many different variations on the mediation process are possible and appropriate.

Typically, the mediation process is defined by the following elements:

• Voluntary - mediation is a voluntary process from its beginning through to its conclusion. The assumption is that disputing parties are always participating voluntarily and may disengage from the mediation process at any point in time. Disputants who wish to disengage are encouraged, but not required, to surface their concerns so they can be addressed by the mediator in a way that enables a party's continued voluntary participation.
• Confidentiality - disputing parties and mediators agree that information about the proceedings and content of the mediation is confidential and private. With the exception of a signed mediation agreement, mediation discussions and related materials are not admissible in subsequent court or contested proceedings. Notes taken during a mediation session are destroyed at its conclusion.
• Collaboration, Disclosure & Control - in mediation the disputing parties are expected to work together in good faith to resolve their conflict; in this regard, each party agrees to fully and honestly disclose all information related to the dispute. Disputants control and authorize all decisions and agreements.
• Access to Information - disputing parties can, and are encouraged to, obtain and incorporate expert/legal information and advice about matters being mediated, as well as, about potential agreements. Mediators do not provide legal information and may not be called as witnesses in the event of further judicial or administrative proceedings.
• Mediator Impartiality - the mediator(s) operates as an impartial third party and resource to all parties involved in the dispute; the mediator does not favor the interests of one party over the other.

Q: "What is the role of the mediator?"

A: The mediator's role is to ensure that the disputing parties come together in an environment that is free of coercion and bias so they can address their conflict and reach agreements in a voluntary and informed manner. The mediator's core work is to guide the problem-solving process by listening, clarifying, and asking questions that promote open and honest discussion of the issues, and solutions, by the disputing parties.

In this capacity, the mediator(s) may assist the parties in arranging for meetings; educate the parties about the mediation process and conflict resolution alternatives; ensure clarity and understanding of positions and interests, suggest processes and procedures such as caucus meetings and/or consultation with legal counsel; track verbal and written agreements and otherwise serve as a catalyst for the parties to resolve their disagreement.

Mediators do not tell the parties what to do, do not propose solutions, and do not champion the interests of one party over another in the mediation, or in any court or other proceedings.

Q: "What is the role of the disputant?"

A: Disputants are expected to be active participants in the mediation process. This means being committed to the goal of honestly, openly, and seriously exploring the facts, issues, concerns, feelings, and possible solutions from your perspective, and from the perspective of the other disputant(s). Say what's true for you, listen to understand what's true for the other disputant(s), trust the mediation process-and always let the mediator know when the process is not working for you.

Q: "How does the mediation process begin and how does it proceed?"

A: The mediation process begins with an introduction by mediator(s) that describes the process and asks for each party's commitment to participate. This is followed by a period of structured information-sharing during which the mediator invites the parties to describe their view of the situation, including their concerns and grievances.

During this phase of the mediation, the mediator engages the disputing parties in a process of identifying the issues they each seek to resolve, and helps them to identify concerns and issues that may be common to both parties.

The next phase of the process centers around helping the disputing parties to discuss, explore, and develop possibilities for addressing and resolving the issues at hand. The mediator works with the disputants to develop and consider a wide range of problem solving options, and gain agreement about a solution(s) that work for both/all parties.

Agreements between the parties are recorded by the mediator in a written document known as a mediation agreement. The details of the mediation agreement, as clarified in conversation between the mediator and the disputants, are captured in a written agreement that is signed by the disputants and the mediator.

In signing the agreement, the parties agree to abide by the terms they have devised. One of those terms may include a return to mediation if the agreement is not maintained or if it needs to be modified.

Q: "How does the mediation process begin and how does it proceed?"

A: The mediation process begins with an introduction by mediator(s) that describes the process and asks for each party's commitment to participate. This is followed by a period of structured information-sharing during which the mediator invites the parties to describe their view of the situation, including their concerns and grievances.

Q: "Are there exceptions to confidentiality?"

A: Mediators are required by law to reveal/report issues of suspected child abuse or threats of physical harm. Mediators may discuss the mediation process with other mediators and professionals for the purpose of promoting the mediation process.

With the agreement of both parties:

• statements of progress in sessions may be provided by the mediator to specifically designated individuals;
• mediators may discuss and provide copies of correspondence, draft agreements, and written documentation to legal counsel retained by a disputing party.

Q: "Who is present during the mediation session?"

A: The principal players in a mediation session are the disputing parties and the mediator(s). For any other person(s) to be present in the mediation session(s), all parties must give their prior approval and the persons attending the session must agree to the standards of confidentiality for the mediation.

Q: "What are some typical mediation documents that parties sign?"

A: Prior to the start of mediation, all parties and mediators sign an Agreement to Mediate and a Statement of Confidentiality. Any written documentation of agreements reached during mediation requires the signature of the disputants and the mediator(s).

Q: "How do I know if mediation is appropriate?"

A: Mediation provides a neutral third party and a structured process for discussing and resolving disputes and conflict. If you are involved in a dispute and/or conflict and you want to be actively involved in its resolution, mediation is always one approach for you to explore.

Q: "What are the benefits of mediation?"

A: One of the main benefits is that disputants create the solution rather than have one imposed upon them. Another benefit relates to the cost of disputes and conflict. Both in terms of time and money, mediation is a more cost effective process than litigation.

The mediation process yields agreements between disputing parties at a rate of 70-80%. Even in those cases where there is no agreement, the ability of disputing parties to continue to work with and engage each other in resolving their conflict, is greatly enhanced.

Q: "How long does mediation take?"

A: Mediations can be resolved in one sitting or they may be resolved in the course of multiple sessions over time. The length, frequency and number of sessions required to resolve a dispute vary according to the needs of the situation being mediated.

Initial decisions about length and frequency of sessions are the product of discussion and consultation between the disputants and the mediator prior to the first session-and are subject to change as agreed to by the disputants and the mediator(s).

Q: "How much does mediation cost?"

A: Generally, mediation sessions are billed by the hour, by the number of sessions or on a per engagement basis. The costs associated with specific mediation services are determined by the mediator and the disputing parties prior to the start of the mediation process.