What is mediation?

Mediation is intercession by an unbiased party whose sole purpose is to have disputing
parties reach some type of mutually satisfactory agreement. Said another way, a mediator is a disinterested party that works with disputing parties to have those parties reach some type of middle ground or agreement.

What this means is that 2 or more people involved in a dispute will allow a neutral party to help negotiate some type of settlement. There is no requirement that either party actually settle at the time of the mediation. For this reason it is very important that both disputing parties agree that they are desirous of reaching a settlement. Forced mediation almost always fails.

Most experienced mediators can achieve agreement between parties in less than one day.

Many contracts (especially real estate) have arbitration clauses which force people to arbitrate in the event of a dispute. This is an extremely effective tool in holding down the extraordinary costs of disputes.

“Dear Richard, My husband did not want to work with you because I had contacted you first and he therefore did not trust you. When I told him that the scenario I had presented to him came from you, he was extremely impressed. The idea worked perfectly and in less than 2 hours he and I were able to settle the three remaining issues of our divorce. Thank you. You saved us thousands of dollars. Tracy.”

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Is the mediator’s decision final?

No. As a matter of fact, the mediator makes no decisions at all. (see The Difference Between Mediation and Arbitration below)

The mediator is attempting only to have parties reach an agreement. Skilled mediators are able to come up with various scenarios and offerings that may enable parties to give and take to the point where both are satisfied with the final outcome. Experienced mediators are also able to show the parties how much it will cost to litigate a case. (By litigation, we mean taking a case through the court system - whether or not the case ever actually goes to trial.)

It is important to note that not all mediators work the same way. It is very important that on the day of mediation, that once agreement has been reached, that that agreement must be reduced to writing AT THAT TIME. Failure to have a written or recorded agreement on the day the agreement is made, is the biggest mistake of inexperienced mediators. These agreements almost always fall apart by the time the parties come back to sign the paperwork.

Finally, while the mediator’s “decision” is not final, the agreement, if properly memorialized and acknowledged by both parties is. Courts recognize mediated agreements as binding in virtually every case.

“Some friends of ours spent $26,000 just deciding who would get the house, the cars, a small retirement account and the dog [this was a divorce]. We decided to call you. I could not believe it. In 3 and 1/2 hours, I and my soon-to-be ex both left feeling that our agreement met both our needs. I don’t even want to think about what would have happened if we had not been referred to your company. Divorce is a very difficult process and your company came through with flying colors. Both my wife and I thank you for the professional and unbiased manner in which you handled our situation. Thank you. Don”

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What is the difference between mediation and arbitration?

Mediation is intercession by an unbiased party whose sole purpose is to assist disputing parties reach some type of mutually satisfactory agreement.

Arbitration is the agreement between disputing parties to allow and unbiased third party to decide what resolution would serve all parties most fairly.

Mediation - the person (mediator) attempts to get parties to reach middle ground. Resolution is not guaranteed, whereas in arbitration the matter will be resolved - one way or another.
Most divorces are mediated not arbitrated.

Arbitration - the person (arbitrator) decides what is best. That’s it. The decision is FINAL. see ArbitrationPros.com

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I went to small claims court once; is mediation anything like that?

No. Small claims court is more like arbitration. The judge hears the evidence and renders a decision based upon that evidence. The judge’s decision is final unless an appeal is filed and his/her ruling is overturned.

Mediation is nothing more than an attempt to have disputing parties reach an agreeable solution with the mediator really acting as an idea person, a peace-keeper, and an experienced guide through the process of negotiating a settlement.

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Who chooses the mediator?

There are 2 parts to the answer to this question and determining which part is based on whether or not one party has commenced a lawsuit or not.

If No Lawsuit (divorce papers) Has Been Filed

If there is no lawsuit and no lawyers are involved, the parties can quickly agree to any mediator of their choice.
It is important to understand that NEUTRALITY IS THE KEY.
A mediator who is a friend of either party in a dispute should probably bow out. However, a mediator who is friends with both parties may be able to maintain calm during the negotiation process.
Also, just because a mediator knows the husband or the wife, does not mean that he/she cannot be neutral.
Further, being an impartial ARBITRATOR is far more important than being an impartial mediator since the mediator’s primary purpose is merely to guide couples through the negotiation process - NOT to render a final decision.

IMPORTANT, just because one party found a mediator and spoke to him or her first, would not mean that mediator is now biased towards the first party of contact. It is important that both parties feel they can trust the professionalism and skillsets of a mediator as opposed to who spoke with him or her first.

If A Lawsuit Has Been Filed

Once a lawsuit has been filed, attorneys are part of the process. The lawyers may have people they are used to using; they may have friends that they want to support, etc.
IT IS IMPORTANT TO KNOW the decision on choosing a mediator is the client’s final choice. However, clients will usually defer this decision to their attorneys.

Usually lawyers want other lawyers or retired judges to decide cases. We are neither.
We specialize in resolving disputes quickly, efficiently, and fairly, but we are not lawyers and do not engage in the money and time wasting part of the process that other members of the legal profession seem to.

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How long does mediation take?

Most divorces are settled in less than 10 hours (1 billable day). Many are settled in about 5 or 6 hours (about 1/2 billable day).

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Why would parties mediate as opposed to arbitrating or going to court?

1) Parties will most often mediate because it is the fastest, most economical way to settle a dispute with minimal pain, suffering, or missed time from work or other duties.

2) Parties will mediate when they have issues but are still talking. Both parties agree that wasting time and money is not in their best interest, but don’t really want to leave the decision solely in one person’s hands, so they decide to mediate. All they are really doing here is attempting to have a buffer in their disputes. Oftentimes the parties only disagree on a few issues, but those issues are emotionally charged and make it difficult to communicate, so a mediator steps in, tries to maintain calm, and attempts settlement through mutual negotiation. Most divorces are mediated.

3) The third most frequent form of mediation is where parties are so sick of litigation, so sick of each other, and so sick of wasting money, that both parties kind of throw their arms in the air and say, “Let’s just go see somebody so we can move on with life.”

“Dear Richard: I had to go to small claims court once to handle a small dispute with a neighbor. I can tell you right now, your handling of our divorce made that small claims case look complicated. I have never seen someone cut so quickly to the heart of the matter, explaining things in a way that both my husband and I were able to understand. Your skills were surgeon-like. Who would have ever thought that we could handle our entire divorce in 7 hours?! I will be sending anyone I know your way. Thanks again. Debbie”

4) Going to court is ALWAYS the last option. The journey from filing for divorce through appearing before a judge is extremely laborious, costly, time consuming, and mentally and emotionally draining. Parties arbitrate or mediate because they do not want their lives revolving around a lawsuit for 3, 4 or 5 years. Going to court usually happens when one of the disputing parties has lost all ability to reason or is so in the wrong that no other options are available.

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Call today to find out if your dispute can be mediated.

818 707 8177

or click here to email us

Mediation gets things done. Life moves forward instead of becoming buried in the mire of litigation. Money, time, heartache, sickness, all result from prolonged litigation.

Call today to find out if your dispute can be mediated.

818 707 8177

or click here to email us

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ARBITRATION ( additional information )

Again, arbitration is RARELY used in divorce situations.

The definition of arbitration is that parties have “agreed to allow the arbitrator to settle the dispute” in a way he/she feels is most fair and beneficial to all parties. The arbitrator’s decision is final because that is what the disputing parties have agreed to.

There are times when people unhappy with the arbitrator’s decision will attempt to contest that decision in a court of law. Courts usually frown upon this course of action due to the fact that judges feel a conscious decision was made by disputing parties to allow someone to settle the matter and now, just because one of those parties may not like the result, they decide that they are no longer willing to play by the rules that they themselves set up. Generally in this situation a court will not only hold the arbitrator’s decision but will charge the party who dragged the agreed settlement into court the OTHER PARTY’S expenses (including court costs, their attorney’s fees, etc.)

IT IS EXTREMELY DIFFICULT TO OVERTURN AN ARBITRATION

In some rare cases where it can be shown that one party perpetrated fraud to have an arbitrator reach his/her resolution, there have been times where a judge will order a 2nd arbitration which will over-ride the first.