Frequently Asked Questions

WHAT TYPES OF DISPUTES CAN BE MEDIATED OR ARBITRATED?

Nearly any dispute can be resolved by using either of these models. Certain insurance matters and other disputes stemming from written contracts may specifically require arbitration but otherwise voluntary mediation can be and is used with great success in all types of conflict.

HOW DO DISPUTES OR LAWSUITS REACH MEDIATION OR ARBITRATION?

Disputes can be resolved by mediation or arbitration at the request of the parties involved, at the request of their attorneys, at the request of an insurance company or by court order.

WHAT EXACTLY DOES THE MEDIATOR DO?

The role of the mediator is to serve as an impartial facilitator of settlement negotiations between the parties. The mediator does not advise the parties, does not choose a “winner” and does not impose a decision like an arbitrator, judge or jury would. Rather, mediators facilitate communication between parties to help them reach mutually acceptable conflict resolutions.

Even if a mediator is a licensed attorney with extensive knowledge of the legal system, he or she does not provide legal advice to the parties. They may (at their discretion) offer their own personal opinions on matters that may be involved in the litigation process but they do not counsel the parties or provide specific advice on legal issues. As such, if the parties have retained attorneys to assist them with the conflict at issue they are strongly encouraged to have their attorneys attend the mediation with them to provide legal advice throughout the process.

WHO PARTICIPATES IN THE PROCESS?

The parties in dispute, their attorneys (if retained) and in many cases, insurance company representatives may be present for the mediation. It is imperative, however, that the parties attending the mediation have full authority to settle the dispute.

HOW DOES IT WORK?

Often the mediator initially meets with all parties together at the start of the mediation to explain the process and to answer any questions about how the mediation will progress. They help the parties identify the issues in dispute and discuss those issues with all parties present. As the mediation continues, the mediator meets with the parties separately and will bring them back together again as negotiations progress toward settlement. When settlement is reached, the mediator memorializes the terms of the voluntary settlement agreement and copies of the agreement are given to the parties so the settlement can be reported to the court or to the insurance company involved so the matter can be finalized.

DO THE PARTIES PROVIDE MATERIALS FOR THE MEDIATOR OR ARBITRATOR IN ADVANCE?

Whether to submit materials to the mediator or arbitrator prior to the session is up to the individual parties involved. The parties may choose to provide copies of written contracts, pleadings, deposition transcripts, medical records or any other materials that may be discussed throughout the process. This, however, is not mandatory. Well trained mediators can assist parties in reaching a successful resolution of their dispute without reviewing any materials in advance.

HOW LONG DO MEDIATIONS AND ARBITRATIONS TAKE?

The length of time spent in mediation is entirely up to the parties. As long as communication remains open and discussions continue to progress toward a potential settlement, the mediation process can and should proceed until the conflict is resolved. Because mediation is a voluntary process the parties can decide to terminate the mediation at any point.

Arbitrations may not take as long because the arbitrator hears the testimony, weighs the evidence and renders a decision shortly thereafter without utilizing the back and forth negotiation process that is involved in mediation.

WHAT IS THE COST OF USING A MEDIATOR OR ARBITRATOR?

The cost of a mediation or arbitration varies depending upon the amount of time spent in preparation for the mediation or arbitration and for conducting the actual session. Generally, mediators and arbitrators are paid on an hourly basis. Please for specific rate information.