What is Mediation
Mediation is a voluntary, respectful, and confidential way to resolve disputes without giving the decision-making power to someone else (like a judge). The mediator, who is impartial and fair, meets with you and the others involved in the dispute.
The role of the mediator is to help and encourage everyone to identify the important issues in the dispute so that you and the others involved are better able to make decisions to resolve the dispute yourselves. The mediator doesn’t tell anyone how to settle the dispute, or make a judgment about who’s right and who’s wrong.
Control over the outcome of the case stays with you and the others involved in the dispute.
How does mediation work?
The mediation itself is conducted in the following steps over one or more meetings, typically lasting two or more hours as the parties choose:
- Opening comments and explanations by the mediator
- Answering any questions from you
- Each party explains their perspective on what the problem is
- Identifying and prioritizing issues
- Exploration of conflicts and interests
- Generating options and discussion
- Reaching agreements and drafting
Is Mediation Confidential?
Confidentiality is provided by Arizona statute and by agreement of the parties, plus all mediations are conducted in a private setting rather than in open court proceedings or negotiations with other third parties present. Neither the mediator, you, nor the others involved are allowed to testify in court about what was said in mediation.
What types of cases are best?
Any case where there is a mere glimmer of hope, or more, that you can, or are willing to try to, work on with the other person. Even if you distrust each other, you will usually find mediation more amiable and productive than attorney-driven negotiations.
Do both parties need to agree?
Yes. Mediation can work only if all individuals involved participate. Instead of assuming others involved won’t mediate, if given information about the mediation process and benefits, the opportunity may be greatly appreciated, so why not ask!
How long does it take and what does it cost?
That varies depending on the complexity of the issues and everyone’s cooperation with the process. Our rates are based on a sliding fee schedule and mediation can last from 2 hours to 10 or more over several sessions for complicated cases.
Mediation is not just for people already cooperating — it is especially helpful when people aren’t productively able to talk directly to each other.
Once agreement is reached, the mediator (or your attorney) prepares an agreement document which is then reviewed by you and your attorney, then signed, and, if appropriate, incorporated into any court decrees.
All mediations are designed to fit your situation in Mesa, Tempe, Chandler & Gilbert. We accept MasterCard, Visa and Discover.