PREPARING FOR MEDIATION
Preparing for mediation: Community Mediation Services will contact the parties requesting or being referred to mediation, our office will explain the Mediation Process, discuss scheduling dates and once all parties agree to mediation, we will email or mail a Mediation Scheduling Notice to you with the date and time of mediation. A copy of the Mediation Scheduling Notice will also be provided to the court or referring agency.
Be sure the right parties are included in mediation. Appropriate decision-makers with the authority to settle must be present at the mediation.
Be sure you can attend mediation in a private manner, in a quiet space with no interruptions. Mediation is confidential, no other parties may attend or be present unless they are included in the Mediation Notice. There will be no exceptions, without the agreement of all parties.
Come prepared to voice your ideas, concerns, and needs in a respectful manner. Each party at mediation will have a brief uninterrupted time to share. Prepare ahead of time notes or points that you would like to discuss in mediation.
Everyone should participate honestly and courteously.
Each person should be willing to listen to understand, it is not necessary that you agree with the others' concerns but listen respectively.
Participants should remain open to explain, clarify and/or share new ideas for resolution.
Parties should know the costs, expenses and prospects realistically.
When parties reach an agreement, it is a legal and binding agreement and can be court enforced.
When parties don't reach an agreement, at least they have had a chance for healthy conversation and to share together respectively. All of their legal rights are still intact, if they decide to further proceed in litigation.
BENEFITS OF MEDIATION
I Should Try Mediation Because…
It works! — Mediation is a “win-win” rather than a “win-lose” solution.
It’s convenient! — Most mediation sessions are scheduled within two weeks in your hometown and most disputes are resolved in one meeting.
It’s confidential! — Almost everything disclosed during mediation is confidential and cannot be used in a lawsuit.
It’s affordable! — Court costs and attorney fees can be avoided or reduced.
It’s cooperative, not adversarial! — Mediation provides a comfortable, safe and respectful setting for discussion.
It protects your legal remedies! — If mediation does not result in an agreement; you can still go to court.
It allows you to have control of the outcome! — In the mediation process, the people involved in the situation are the ones who control the outcome and create an agreement that works for them.
It’s forward-looking! — Mediation focuses on what the issues are now, how they can be resolved, and what can be done to avoid similar problems in the future