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Mediator FAQ

Mediator FAQ

Frequently Asked Questions (FAQs)

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Mediation is a conflict resolution process in which two or more parties involved in a dispute meet with a neutral third-party mediator to discuss the issues and attempt to reach a voluntary agreement. The process is nonadversarial and informal but structured.

Any dispute in the civil arena has issues that can be mediated. Typical mediations deal with issues about business, real estate, the workplace, neighborhoods, landlords, homeowner associations, families, personal injury or public policy. There may or may not be legal action pending in the case.

The mediator facilitates dialogue between the parties to help them develop their own resolution to their issues and concerns. Agreements are reached by mutual consent of all parties. Mediators do not take sides, impose decisions or give legal advice.

As a general rule, absent a different agreement by the parties, the parties equally share the cost of the mediator’s fee, which is usually based on an hourly rate.  Sometimes, as a benefit to employees, an employer will offer to pay the entire fee.  Upon recieving your contact information, our office will contact you to discuss your situation and potential services and solutions that Insight Employment Mediation can provide. This inital consultation is free of charge.

Yes.  Confidentiality is critical to the success of the mediation process, so that all persons attending can trust that they can have a full and frank discussion with the mediator about the issues.    The mediator will present a Confidentiality Agreement to be signed by all persons attending the mediation.   The mediator will not report what happens in the privacy of a mediation session to anyone not in attendance at the mediation, and nothing that is said in the session can be used later in an arbitration or a court proceeding.   All notes taken by the mediator will be destroyed after the mediation.   Persons in attendance are free to retain their own notes.  The only information that is not confidential is whether or not an agreement that is reached, and if so, the terms of that agreement.

Mediations can be scheduled in as little as one week following the initial contact with the National Conflict Resolution Center, depending upon the availability of parties and mediators. A mediation session can last anywhere from two hours to a full day, depending on the case. All participants attend the full session, although there are typically several breaks and opportunities for private meetings with the mediator and/or with counsel. Most mediations are resolved in one meeting, but subsequent sessions can be scheduled by mutual agreement at the close of each session.

Divorce Mediation FAQ

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Mediation sessions are informal but structured discussions guided by the mediator. Both parties are given the opportunity to speak without interruption, describing their view of the marriage and the issues arising out of its dissolution. The mediator structures the discussions to help clarify the issues and move toward an agreement, called a Marital Settlement Agreement. The National Conflict Resolution Center recommends that the parties separately consult with attorneys of their choice for legal advice regarding any issues addressed at the mediation.

Mediation provides a unique opportunity to develop mutually acceptable outcomes tailored to the individual clients.

It is convenient, cost-effective, less stressful, informal, confidential and non-adversarial.

Mediation sessions are arranged at mutually convenient times at sites throughout the County.

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