In the mediation process, a neutral third party acts as a facilitator or mediator to aid the parties in a dispute or conflict come to an agreement through discussion, compromise, and settlement instead of using the law to force them to do so. The two disputing parties decide who will be the mediator. In a joint session, both parties determine the rules and agenda for the discussions. Both parties break out into separate spaces so that each is given an opportunity alone with the mediator.
Nothing is binding until an agreement is reached. If and when a disagreement is resolved to the satisfaction of both parties, the terms of the compromise are written down in a legally binding settlement signed by everyone involved.
No fear of judgment
In the joint session prior to any discussions or revelations by either party, the mediator generally askes both parties to agree to avoid litigation as the discussions progress. Everything that is said and revealed by both parties in the sessions is considered strictly confidential, and cannot be used against either party in any other proceeding. This is one of the great benefits of mediation. Parties can be open and develop trust in the process and the mediator, if not in each other.
You can successfully move through any conflict negotiation with our assistance as mediators. We can help you move toward a solution that works for both sides (a win-win situation). In the last few years, we have mediated several cases, and well over 90% of the time, the parties reached a written agreement. We have much experience acting as mediators in high-stakes situations involving divorce, family disputes, and estates related conflicts, such as settling disagreements about how to divide the property.
Our mediation team has been most effective in a variety of mediation issues. Negotiation is an essential part of the process. During the separate sessions, the neutral will move between the two parties to gather and present proposals, counterproposals and any other elements that may help the two parties avoid an impasse. An experienced mediator has plenty to offer, and their advice may be useful.
The ideal result is a win-win. For example, in an inheritance dispute, one party may want the value of the family business, without the hassle of running it. If the other party wants to continue the family business, perhaps a buy-out or profit-sharing plan can be arranged.