SALMON & DULBERG
DISPUTE RESOLUTION
305-371-5490 Office
305-371-5492 Fax
martha@sd-adr.com
QUESTIONS ABOUT MEDIATION
What is mediation? Mediation is a voluntary, confidential, and cooperative process in which an impartial and neutral third party - the mediator - helps individuals to resolve their differences and conflicts so that decisions may be reached easily. Mediation helps individuals make informed decisions and develop mutually acceptable agreements.
Who is the mediator? The mediator is a neutral third person who has been extensively trained in conflict resolution techniques. The mediator assists the parties to a dispute - together with their respective counsel - in a process designed to let them self-determine the outcome of their dispute. The mediator does not make any decisions about your case - only you do!
What will happen at the mediation? The mediation begins with everyone in a joint session together with the mediator. The mediator explains the mediation process after which each party’s attorney gives an opening statement describing the dispute from that party’s perspective. Once all of the parties have given their statements, the mediator then works with the parties and their attorneys toward a positive decision. The mediator may choose to meet separately with each party and their attorney or may keep everyone together. The key is that through the mediator’s experience the parties are able to jointly problem solve to everyone’s benefit.
Who has to show up at the mediation? The goal is that those persons with the authority to settle attend the mediation. If there is any question as to who should attend, the attorneys should discuss this with the mediator in advance of the mediation conference.
Will I be forced to settle? No. The decision to settle is yours together with the advice of your attorney. However, one of the benefits of mediation is that you have the opportunity to fully analyze the risks and rewards of continuing with your lawsuit. A settlement comes when the parties agree to a resolution which they believe best meets their business and personal interests with due regard for the strengths and weaknesses of their case and the practical realities of litigation. Most mediations end with a settlement.
What happens if we do not settle? The case simply proceeds through the court system. The court is notified that the case did not settle. No rights are lost by coming to mediation.
Can anyone find out what happened at the mediation? Typically, no. With few minor exceptions according to the law, all communications at a mediation are confidential. Not even the Judge is entitled to find out what was discussed at the mediation. The mediator will explain the confidentiality privilege in detail before the mediation begins. There are other rules that govern the mediator such as the mediator is not permitted to tell another party what he or she hears from one party in a private session unless authorized to do so.
MEDIATION IS AN EFFECTIVE AND POSITIVE ALTERNATIVE TO EMOTIONALLY AND FINANCIALLY DEBILITATING COURTROOM BATTLES.
Mediation is practical, informal and unencumbered by courtroom procedures. The process empowers the individuals to retain control of the critical decisions that affect their personal, financial and business interests.
Mediation can help resolve any type
of dispute:
Commercial or business; family and divorce;
personal injury claims; employment and discrimination;
insurance matters; citizen or neighbor disputes.
For further questions,
please call 305-371-5490.