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Mediation
The goal
of mediation is to amicably resolve a dispute through the efforts of the
parties. The role of the mediator is to utilize patience, persuasion and people
skills to facilitate the dialogue between the parties in order to reach
settlement. The mediator does not have the authority to render a decision, the
parties are not compelled to reach an agreement. Any party is free to leave the
mediation at any time.
Each
mediator has his or her style and most effective mediators alter their approach
to fit the unique needs and personalities of a given dispute. Facilitative
mediators rely on people skills and persuasion to guide the parties toward a
realm of agreement. Evaluative mediators rely more on experience and subject
matter expertise to predict possible outcomes. Each style can be used
effectively and many mediators utilize a combination of both styles as the needs
of the conflict dictate.
The
mediation process itself involves a series of joint sessions and private
caucuses. The mediator will make the determination of when each type of meeting
will be conducted. Typically the mediation will start with a joint session that
includes all of the participants to the dispute and then the groups will be
divided for private caucuses. The mediator will shuttle back and forth between
the parties until either impasse or a settlement is reached. Impasse is declared
when the mediator determines that continued negotiations
would be fruitless at this time. If a settlement is reached its terms should be
written down and signed by the parties making it enforceable as if it were a
contract.
Mediation is a very flexible process that can be effectively used at any time
during the course of the dispute. Because the process is non-adversarial, there
are numerous benefits over trial in addition to saving time and money. Mediation
allows the parties to maintain relationships and offers the greatest opportunity
for creative problem solving. Mediation sessions commonly last from a few hours
to one day.
Conciliation / Negotiation / Facilitation
These
terms are often used interchangeably. In Europe and some areas of the United
States, what we term "mediation" is known as "conciliation."
Generally, negotiation is an interchange between two or more parties in an
attempt to reach a compromise. Negotiation is at the core of most Alternative
Dispute Resolution (ADR) processes. Traditionally, negotiation occurs directly
between the parties and their counsel and does not involve a neutral third
party. If the negotiations break down and/or reach an impasse, a third party may
be introduced creating a process of facilitated negotiation. Facilitated
negotiation tends to be a more ad hoc and informal process than mediation.
Conciliation is a process that involves a neutral third party to communicate
with the parties in the exchange of information and settlement options. This
process most closely resembles mediation before a mediator with a facilitative
style.
Fees
For your
convenience and ours, our usual practice is to mail invoices for mediation fees
to the attorneys for represented parties following mediation. To enable us to
continue this practice, we require the attorneys to assure us of payment for the
statutory or agreed share of the mediation fees allocated to their client.
Unrepresented parties with no established billing relationship with us, will
ordinarily be required to make payment at the conclusion of the mediation.
Administrative Fee:
$150.00
each party
Hourly
Rate:
$250.00
per hour
The administrative fee becomes billable when a date for the mediation has been
confirmed.
Cancellation Fee: A three hour minimum mediation fee applies in cases cancelled
less than two weeks prior to the scheduled mediation. (Since the cancelled day
fee is intended to compensate for a lost workday, this fee will be invoiced
equally between all parties unless the parties agree to allocate otherwise).
Dispute
Mediation Rules
Demand for Mediation Form
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