How is Mediation better than Litigation?
Generally, Mediation is cheaper, faster and less stressful than litigation.
In addition, mediation:
- is confidential,
- allows the Participants to have total control over their agreement, and
- preserves ongoing relationships, too!
What happens after
Mediation?
It depends on the outcome. Sometimes a mediation ends prematurely because during the mediation process, a Participant might feel like it's going nowhere or needs to end. Often, though, these feelings are part of the process. We ask that you please stay with it because creative possibilities may still emerge.
That being said, there are a few ways Mediation can end:
- The Participants reach an agreement and the Mediator helps the Participants draft an agreement that clearly lays out what they've agreed to.
- The Participants reach an agreement and the Participants decide not to have a written agreement, but the dispute is resolved.
- The Participants cannot come to an agreement, at which point, the mediation is closed and the Participants can look at other options to resolve their dispute (i.e. waiting for a while to talk again about the issue or maybe even filing a lawsuit).
What does a Mediator actually do during the Mediation?
As we mentioned earlier, a Mediator is a neutral party. The Mediator's mission is to help the Participants come to an agreement, not to judge them or make the decision for them. To do this, a Mediator must meet with the Participants:
- At the beginning - separately and/or together - to explain the purpose of mediation, the role of a Mediator and the general outcome of mediation.
- Throughout the mediation process - separately and/or together - to gather information and understand how each Participant wants to resolve his/her conflict.
- In the actual mediation, assisting the participants in resolving their conflict.
Do I need to hire an Attorney?
No; you do not need an attorney to participate in Mediation. However, you can always seek legal advice any time you want.
For instance, you might decide to seek legal advice:
- before mediation begins,
- during mediation, or
- after mediation.
An attorney can help guide you, attend mediation with you, be available on a call, or even review an agreement before you sign it. It's up to you whether to hire an attorney as you decide if mediation is right for you.