Mediation is an informal settlement process frequently ordered by the Court for the purpose of attempting to resolve the pending dispute. Mediation is frequently helpful for litigants to try to resolve the dispute on their own terms rather than assume the risk of a Judge or jury resolving the dispute in a less favorable way. Today's blog post will answer some of the frequently asked questions about mediation?
WHAT IS THE ROLE OF THE MEDIATOR?
The mediator is typically a practicing attorney experienced in the same area of law of the mediated dispute. The mediator is a neutral negotiator, and does not take sides or advocate for either party. The mediator's task is to assist the parties in communicating and to help the parties reach a "win-win" agreement that avoids risk and additional costs. Often, mediators are very creative and solution-oriented.
CAN THE MEDIATOR COME TO COURT TO TESTIFY?
A mediation session is confidential, and the mediator cannot be called as a witness in the case. The purpose of this rule is to allow candid settlement discussions without the prospect of the discussion being used against a party in court.
HOW DOES THE MEDIATION PROCESS WORK?
There are two different styles of mediation. The first, known as "conference style" includes all parties and attorneys with the mediator in the same room, with open discussion among everyone. The second, known as "caucus style" keeps the parties separated in different rooms, and the mediator goes back and forth to discuss the case with each party privately. Information shared with the mediator is kept confidential by the mediator unless the party consents.
WHAT IS THE EFFECT OF A MEDIATED SETTLEMENT AGREEMENT?
If an agreement is reached, the mediator will prepare, and the parties will sign, a mediated settlement agreement. The terms of this document are legally binding on all parties, and can only be avoided by subsequent agreement or extremely unusual circumstances.
If you're involved in family law litigation, it is likely your case will be referred to mediation. Individuals need quality legal representation at mediation, so that the individual can be properly advised about the settlement options and the advisability of accepting a settlement proposal. The family law attorneys of Christiansen Law Firm assists indidivuals with family law matters, including mediation proceedings. Contact the attorneys of Christiansen Law Firm for more information or to schedule a free consultation.