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What is Mediation?
Mediation is a process for resolving disputes with the help of a
trained, objective third-party called a mediator. The mediator does
not offer advice or make a decision for the parties. The mediator
facilitates the communication session, encourages peacemaking and
writes the agreement if one is reached. Eighty-five percent of the
disputes that reach mediation result in a written settlement agreement
between the parties.
Mediation is voluntary, informal, confidential, and inexpensive.
Mediation sessions can be scheduled within a few weeks at a location
in the disputant's neighborhood. Mediation is used successfully
to resolve interpersonal disputes involving families, friends, neighbors,
employers and employees, consumers and merchants, landlords and
tenants, and others.
Who is the Mediator?
The mediator is a volunteer who has successfully completed a 24-hour
mediation training. The training includes communication, negotiation,
and conciliation skills, mediation techniques and knowledge of the
laws appropriate to the cases mediated. After the training, an apprenticeship
and a performance evaluation are completed by the volunteer.
What Happens if the Parties Cannot Reach an Agreement?
If an agreement cannot be reached in a case referred from court,
the parties will be referred back to court.
If the case is not court-referred, the mediator may assist the parties
in determining what they want to do next.
When the parties agree to mediate, they understand that the information
obtained during intake, the mediation process, and follow-up is
confidential and will not be used in any legal proceeding on the
matter.
Is Mediation Binding?
If the case is court-referred, the agreement is as binding as if
the case were decided by a Judge. It cannot be appealed. In privately-referred
cases, the mediated agreement is a contract between the two parties.
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