FAQs
1. What is mediation?
Mediation is a voluntary process where two or more parties come together, with the help of a trained mediator, to better understand and resolve their conflict. The mediator, a neutral third-party, guides the conversation using specific processes and communication skills.
2. When is mediation used?
Mediation can be used in various situations such relationship or family disputes, workplace conflicts, business disputes, neighborhood disagreements, in legal cases as an alternative to litigation, and even in war and foreign policy.
3. How does mediation differ from litigation?
Litigation usually involves hiring lawyers and going to court where a judge makes a decision after hearing arguments and evidence from both sides. Mediation, on the other hand, is collaborative and focuses on reaching a voluntary agreement with the assistance of a mediator, without a judge's involvement.
4. Who participates in mediation?
Mediation typically involves the disputing parties and a trained, neutral mediator. In some cases, attorneys may also participate to provide legal advice and support to their clients during the mediation process, however attorneys are not required to attend mediation. In other cases, parties may invite other people who were affected, or for support as long as all involved agree.
5. What are the benefits of mediation?
The benefits of mediation are that it is preventative, gives you flexibility and control, is informal, gives you space to tell your story, is future focused, preserves relationships, saves time and money, improves quality of live, and provides clarity. For more information, read My Top 10 Advantages of Mediation.
6. Is mediation legally binding?
Any agreement reached in mediation can be legally binding if the parties choose to formalize it into a contract or submit it to a court for approval. However, the process itself is voluntary, and parties are not required to reach an agreement. It is always important to consider hiring an attorney to review the terms of any agreement you come up with before signing it, especially if you are making commitments that affect your legal rights.
7. How long does mediation take?
The duration of mediation varies depending on the complexity of the issues and the willingness of the parties to cooperate. Some mediations can be resolved in a single 4-hr session, or two 2-hr sessions, while others may require multiple sessions over weeks or months.
8. What happens if mediation fails?
If mediation fails to resolve the issue, the parties may choose to pursue other dispute resolution methods such as arbitration or litigation. However, even if mediation does not result in a full agreement, it often helps clarify issues and narrow down the points of contention, which can assist in further negotiations or proceedings.
9. How do I find a mediator?
Mediators can be found through word of mouth, mediation organizations, legal associations, or referrals from lawyers. It's important to choose a mediator who is trained in mediation techniques and experienced in handling the specific type of dispute involved. To learn more, read A Guide to Finding the Right Mediator.
9. How do I find a mediator?
Mediators can be found through word of mouth, mediation organizations, legal associations, or referrals from lawyers. It's important to choose a mediator who is trained in mediation techniques and experienced in handling the specific type of dispute involved.
10. What is the mediator's role?
The mediator is trained in communication skills and processes that help facilitate productive dialogue between the parties. The mediator ties to create balance and fairness in the conversation between parties so that neither party feels the mediator is biased towards one or the other. It is not the mediator's job to provide advice, take sides, or make a judgement.
11. Where does mediation happen?
Mediation can happen in any neutral location where the parties feel comfortable. Mediation can happen in person or virtually.
12. Is mediation confidential?
Confidentiality can mean many different things to different people and is treated differently depending on the mediator and location of mediation. Whether mediation is confidential and/or privileged is determined by the state or nation, and where parties participate virtually, it may be difficult to determine where the mediation took place. In Illinois, the Uniform Mediation Act governs how communications in mediation are treated in Illinois. Section 4 (710 ILCS 35/4) states:
"Sec. 4. Privilege against disclosure; admissibility; discovery.
(a) Except as otherwise provided in Section 6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 5."
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While I commit to keeping the information shared in mediation confidential, with certain exceptions, I cannot control what the other parties do, so I am unable to guarantee absolute confidentiality. Read my blog on this topic: Why I Don't Promise Confidentiality In Mediation.