LAW OFFICE OF DERRYL H.
TRUST YOUR TRUST TO US
Planning Elder Law
Wealth Management Mediation Probate
OVERVIEW:Mediation is a process by which a neutral third-party
helps resolve a dispute between two or more other parties in private meetings without
the court's limitations. In this
non-adversarial approach to conflict resolution, the role of the mediator is to
facilitate communication between the parties and help them focus on the real
issues of the dispute. The mediator makes no decisions; the participants
themselves arrive at joint decisions. In
the mediation, the participants join forces to list and agree upon options that
meet the interests or needs of all relevant parties thereby resolving the
conflict. A successful mediation effort has an outcome that is accepted and
owned by the parties themselves.
aspects of Mediation. Unlike a court litigation, mediation is:
and Voluntary - Any
participant can leave at any time for any reason, or no reason.
- Collaborative - Because no participant in mediation can impose
anything on anyone, everyone is motivated to work together to solve the
issues and reach best agreements.
- Controlled by Participants- Each
participant has complete decision-making power and a veto over every
provision of any mediated agreement. Nothing can be imposed on you.
- Confidential -
Mediation is confidential by statute, by contract, by rules of evidence
and/or by privilege. Only the signed
mediated agreement is admissible in court. The mediator must explain mediation
confidentiality and its limitations, including confidentiality
for any "caucus meetings" between the mediator and individual
Neutral, Balanced and Safe
- The mediator cannot favor the interests of any one party over
another. The mediator cannot favor
a particular result in the mediation. The mediator's role is simply to enable
parties to reach agreements in a voluntarily and informed manner. The mediator will not allow any coercion
and Satisfying Because
participation is voluntary and the resolution is developed by the participants,
satisfaction with the agreement and the likelihood of compliance are greater
through mediation than through court options.
- Mediators will encourage
parties to obtain legal counsel and to advise them to have any mediated
agreement involving legal issues reviewed by independent legal counsel
prior to signing. The parties may
have counsel present during the mediation or present the agreement to a
lawyer when the mediation is completed. Whether legal advice is sought is,
ultimately, a decision of each mediation participant.
- Builds parties' self-esteem
- Empowers parties to control
their own destiny
- Allows parties to state and
understand their concerns
- Permits parties to learn to
hear others' concerns
- Forges a sense of
responsibility instead of blame
- Fosters hope instead of
- Reduces tension, fear and
anger by allowing parties to share in developing joint solutions
- Creates a mutual agreement
where both parties win.
- Permits future relationships
among the participants
- Comparatively quick process
compared to litigation
- Conducted in a safe
location, not a courtroom
Where Mediation is Used:
Mediation is a desirable alternative
to lawsuits. In long-running,
deep-rooted conflict, such as divorces,
will contests, contested conservatorships, breaches of contract, landlord-tenant disputes, conflicts between neighbors, and
so on, an individual who feels injured immediately thinks of suing in
court. A mediation can
prevent the financial expense, the emotional cost, and the extended time to
reach a judgment, in which one party will lose, that a lawsuit, by definition,
entails. Mediation is useful for dealing
with either the conflict as a whole or with limited aspects of the wider
How Mediation Works:
parties meet the mediator(s) in the same room.
concerns are defined through questions by the mediator(s) to the parties.
concerns are identified, parties may talk to one another or break into
rooms to talk separately with the mediator(s).
solving and brainstorming session for solutions together or separately.
agreement is worked out and written down.
The agreement is signed.
Types of Mediations:
Cost of Mediation:
charges $300 per hour or pro-rated portion thereof for the mediation. The fee will be paid by the party or parties
agreed upon by the participants at the start of the mediation and will be
included in the fee agreement executed between the participants and the
mediator before the mediation begins.
Payment for completed hours of mediation must be made by cash or check
at the conclusion of each day of mediation.