FREQUENTLY ASKED QUESTIONS  (FAQ)

What is mediation?

What does the mediation process involve?

How does mediation differ from court?

What are the advantages of mediation?

What happens when an agreement is reached?

What happens when an agreement is not reached?

Can anything I say be used against me?

Can parties appear telephonically?

Where will the mediation conference be held?

What is the cost of mediation?

 

1.    WHAT IS MEDIATION?

Mediation is an informal process that provides a forum to

help parties in a dispute to try and reach a fair, voluntary,

negotiated agreement that is mutually acceptable to both

parties. It is a process whereby parties come together to

define and resolve a particular problem. In mediation,

an experienced neutral third person the mediator works

with the parties to help parties reach a voluntary resolution

to their dispute. The mediator does not decide who is right

or wrong, represent either side and cannot give legal advice.

This process can be requested by either party prior to filing a

lawsuit or even during a pending lawsuit.

 

2.   WHAT DOES THE MEDIATION PROCESS INVOLVE?

The entire mediation conference is confidential. A joint session to introduce the process is explained to the parties. In order to help facilitate negotiations between the parties, the mediator may meet with each party privately known as caucus.  In these private sessions, the mediator discusses the strengths and weaknesses of each party's case, explores potential options and outcomes with the individual parties, offers feedback without giving a subjective personal opinion on either party's position.  Anything discussed with the mediator privately is confidential and will not be relayed to the opposing side without permission, so parties will never bid against themselves.

 

3.   HOW DOES MEDIATION DIFFER FROM COURT?

Mediation is not a formal process. However, in some instances, where a case has been filed in court, the court may order that a mediation conference be attended with a view to the parties trying to work out their differences. Parties are not subpoenaed to attend. A mediator does not provide legal advice or represent either party. Mediation helps the parties discuss the issues informally and in their own words with or without an attorney being present.

 

4.    WHAT ARE THE ADVANTAGES OF MEDIATION?               

· Inexpensive/lower costs compared to initiating court proceedings.

· Confidentiality maintained.

· Time saved in the quick resolution of a dispute compared to long lengthy court proceedings.

· Impartial, neutral third party intervention.

· Attorneys may or may not be present during the mediation process.

· Parties actively participate in the mediation process.

· Parties decide the outcome of the mediation conference. Everyone is a winner if an agreement is reached favorable to both sides.

· Witnesses are not required to attend and testify.

· Mediation can be initiated at any stage of a dispute. It can commence before filing an action in court or during the actual process of litigation itself.  There may be a potential dispute that may arise that can be mediated to resolve issues that are likely to cause problems.

 

5.     WHAT HAPPENS WHEN AN AGREEMENT IS REACHED?

Disputes resolved through mediation eliminate the need for a formal court hearing which reduces the time and expense involved to the parties. When a mutually acceptable agreement is reached, the mediator or the parties representative prepares a written document reflecting what the parties have agreed to for their signature. Each party is provided with a copy of the agreement for their records. Where there is a filed lawsuit, the original copy is filed with the clerk’s office.

 

6.     WHAT HAPPENS IF AN AGREEMENT IS NOT REACHED?

Should an agreement not be reached, several things might happen. The parties may agree to further negotiations. The matter can be referred to the formal court process or another agency, if appropriate.

 

7.     CAN ANYTHING I SAY BE USED AGAINST ME?

All information obtained  during the mediation process is confidential. If the case goes to court, the court is not informed about any matters discussed during the mediation conference.

 

8.     CAN PARTIES APPEAR TELEPHONICALLY?
When geographical or physical constraints make it difficult or costly to meet in person, parties can elect Tele-Mediation. This process is similar to traditional mediation with the exception that one or more parties participates via telephone in the mediation. Tele-Mediation offers the advantages of mediation with the convenience and cost-effectiveness of eliminating travel. Both parties may agree  to a telephonic mediation taking place in a private mediation setting.

 

9.    WHERE WILL THE MEDIATION CONFERENCE BE HELD?

The mediation conference will be held according to the location that all parties agree upon. This may vary from either the mediators office, Plaintiff/Petitioner or Defendant/Respondents office. The mediator is willing to travel to set locations and accommodates schedules by working  hand in hand with all parties involved in the process.

 

10. WHAT IS THE COST OF MEDIATION?

Mediation fees depend on the nature, complexity and number of parties involved in the case. Please call the administrative office for a guide on our current Billing and Services Policies and other information pertaining to our current rates. The total balance based on the number of hours spent during the mediation conference, is divided equally amongst the participating parties in the mediation. There are minimum hour fee requirements, depending on half day or full day conferences and based  upon the location of where the conference is to be held.

Mediation & More

BRITANIA  MEDIATION GROUP, INC.

DISCLAIMER  

Britania Mediation Group Inc., web site has been created for information purposes only and is not guaranteed to serve as a substitute for seeking informed Legal advice. A party should not act or rely upon any information received from this site without first seeking professional legal counsel on the matter in dispute.