The Mediation Process

How does mediation work?

Mediation is an alternative to Court interventions and Trial. With over 20 years of mediation experience, I can assist the parties in reaching a mutually agreeable resolution. I am a neutral third party. My role is to brainstorm with the parties to find solutions. 

Mediation is a more time and cost-effective alternative to standard legal proceedings.

Mediation provides certainty, control and closure to a dispute.

Certainty. Control. Creativity. Closure.

Trials result in winners and losers. Cases can be appealed and retried, resulting in vastly different results with different judges or juries.

No one can guarantee the outcome of a trial, but you can control the outcome of your mediation. Mediation puts you in control of the direction and outcome of your case.

Mediation provides the flexibility to be creative, and in some situations, enables the participants to reach solutions that a Court may not be able to order.

Mediation is confidential. Agreements can also be confidential. Parties and business owners can benefit when disputes are not made public. Mediation can protect public disclosure of private or sensitive information.

What should I expect?

The parties to a mediation, or through their Attorneys, schedule mediation. Each party may provide a written summary or other documents or information to the Mediator. Documents may be provided to the Mediator ahead of time. Let the Mediator know if you want the documents to be confidential and not discussed with any other party.

The Mediator’s role is to help identify and clarify disputed issues, explore alternative solutions, suggest possible compromises, develop bargaining proposals, and conduct negotiations in a way that prompts discussion and cooperative communication.

The Mediator does not make decisions or rulings like a Judge. The Mediator cannot tell someone what to do but instead helps the parties reach their own decisions.

A complete, partial or temporary agreement may be reached at mediation. Sometimes parties need more information to resolve an issue. Sometimes parties want to submit only limited issues to the court while agreeing on others. Mediation may be scheduled in several sessions to allow parties to address issues separately. 

The Mediator will typically draft a mediation agreement to be signed by the parties and their Attorneys. Once an agreement is signed, it is binding, except in very limited circumstances.

Is the Mediator an Attorney? 

Yes, all the Mediators in this office are Attorneys but they are not your Attorney. Each party may have legal counsel at any point in the process. The Mediator cannot and will not give legal advice. A Mediator is only effective when they are impartial. A Mediator does not represent either party.

What does Mediation cost?

The Mediator’s fee can be quoted as either a flat fee or at an hourly rate. Mediations scheduled at an hourly rate will have a minimum charge of 2 hours for a scheduled half day and 5 hours for a scheduled full day.

Flat fee cases are scheduled for 3 hours and must be prepaid. If you wish to continue after 3 hours, additional fees will be incurred for the additional time.

Unless other provisions have been made (or a Court has apportioned the mediation fees differently), all parties share the cost equally.

Because of Government in the Sunshine Laws, governmental immunity, and other State and Federal regulations, Mediation with Governmental entities requires a Mediator experienced with these provisions.

In my Trial practice, I represented Cities and agencies in both State and Federal Court.

The following is a representative list of governmental agencies I’ve most recently worked with: