
ADR Office of L. Marie Chaney
Frequently Asked Questions About Mediation
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​1. What is mediation?
​Mediation is a voluntary and confidential process where a neutral third party, called a mediator, helps disputing parties communicate and work toward a mutually acceptable resolution. It is an alternative to litigation and emphasizes collaboration and problem-solving.
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2. How does mediation work?
​The mediation process typically involves the following steps:
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Introduction: The mediator explains the process, rules, and goals of mediation.
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Statement of Issues: Each party shares their perspective on the dispute.
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Discussion and Negotiation: The mediator facilitates dialogue to identify common ground and explore potential solutions.
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Agreement: If a resolution is reached, the terms are documented in a written agreement.
3. What types of disputes can be resolved through mediation?
Mediation can address a wide range of disputes, including:
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Family matters (e.g., divorce, child custody)
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Workplace conflicts
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Business and contract disputes
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Landlord-tenant disagreements
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Community or neighborhood conflicts
4. What are the benefits of mediation?
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Cost-effective: Mediation is generally less expensive than litigation.
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Time-saving: Disputes can often be resolved more quickly than in court.
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Confidential: Mediation discussions and outcomes are private.
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Control: Parties retain control over the outcome rather than having a decision imposed by a judge.
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Preservation of Relationships: The collaborative approach can help maintain or improve relationships.
5. What is the role of the mediator?
The mediator is a neutral facilitator who:
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Encourages open communication
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Helps clarify issues
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Assists in exploring solutions
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Ensures a fair and respectful process
The mediator does not make decisions or take sides.
6. Is mediation legally binding?
If the parties reach an agreement, it is typically documented in a written contract. Once signed, this agreement is legally binding and enforceable in court.
7. Do I need a lawyer during mediation?
While not required, having a lawyer can be beneficial to:
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Provide legal advice before or during mediation
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Review any agreements before signing
Some mediations, such as divorce, may involve lawyers as part of the process.
8. How long does mediation take?
The duration varies based on the complexity of the dispute and the willingness of the parties to reach an agreement. Sessions may last a few hours, or the process may span several days or weeks.
9. What happens if mediation fails?
If mediation does not result in an agreement, parties can pursue other options, such as arbitration or litigation. Mediation discussions are typically inadmissible in court to encourage open and honest communication.
10. How do I choose a mediator?
Consider the following when selecting a mediator:
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Their training and certification
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Experience with similar disputes
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Style and approach to mediation
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References or reviews from past clients
11. What does mediation cost?
Costs vary based on factors such as the mediator's experience, the length of the process, and the type of dispute. Some community mediation centers offer free or low-cost services.
12. Can mediation be used in court-ordered cases?
Yes, many courts mandate mediation for certain types of cases, such as family or small claims disputes. Even in court-ordered cases, the process remains confidential and focused on collaboration.
For further questions or assistance, feel free to contact us at via email chaneymediation@gmail.com