Frequently Asked Questions
What is Mediator’s role?
Mediators act as a go-between in a conversation between the people involved in the conflict. They help the parties to come to a mutually satisfactory agreement. As mediator, we reserve our own judgment and help guide people toward their own resolution. We ensure a fair solution, guarding against the effects of any imbalance of power for a mutual agreement. My job is to facilitate settlement discussions. You may hear my opinion on a point during our discussions, but my opinion, as Mediator, is not binding on the parties
When to use mediation?
Mediation can be used at any point during a conflict, as long as all of those involved agree to do so. It is best if mediation is used prior to the full relationship break down, however, the process can help you to rebuild relationships after formal dispute procedures, too.
When not to use mediation?
Incidents of bullying and harassment, for example, can have dire consequences for those responsible, such as official warnings, dismissal, or even criminal proceedings, and the alleged victim can feel too vulnerable to participate fully. In these situations, you’ll likely need to follow a more formal procedure.
How is a mediator different from a lawyer?
A mediator’s primary role is to encourage open communication and help conflicting parties come to shared terms on disputes that are mutually beneficial for both parties. A lawyer or attorney’s role is to actively negotiate on behalf of one party. A mediator is an expert on conflict resolution whereas a lawyer can give legal advice.
What can I expect of the process?
Mediation is an opportunity to discuss. We will talk about what happened, and what your position is in the dispute. Mediation is also an opportunity to move forward, and to that end we will discuss possible solutions to the dispute that will enable you to end the litigation.
Will there be a record or transcript of the mediation?
No. Parties are free to take notes, but there is no record of our conversation. The entire meeting is confidential and remains within the four walls of the mediation process. Nothing that is said in the mediation can be repeated in a courtroom or hearing room, unless it is properly introduced as evidence in that trial or arbitration. I will not provide testimony about what was said in mediation, and my notes are not available to the Court or Arbitrator who may eventually hear the case.
Where are mediations conducted?
The parties will agree on a location for the process. If that’s not possible, I will arrange for facilities in a neutral location.
Will I have to be in the same room as the opposite party?
No. Mediation can be conducted very effectively with the parties staying in separate rooms. If the parties’ need an opportunity for a joint session they will make that known. But where the parties prefer, they can remain in their own private space for the entire process. As your Mediator, I have no preference and no need for a joint session.
Will I have the chance to speak to the Mediator in confidence?
Yes. When I meet with each party in their separate rooms, the conversations are private and confidential. I will only share information between the parties when I am clearly and expressly instructed to do so.
Who pays the Mediator?
The parties are equally responsible for the mediator’s account, which they usually share 50-50. There are situations in which one party, as part of the agreement, accepts responsibility for the entire account.