WHAT IS MEDIATION?

Mediation is an alternative to the imperfect win-lose approach of the adversarial legal system. It is a more efficient, cost-effective, and faster way to settle issues that need to be resolved. Mediation is an practical way of resolving your problem without the need to go to court. It involves a third party neutral called a mediator that is available to you at Brownstone Mediation Services to assist both you and the person you are having a dispute with to reach an agreement. Other than by court order, mediation is a completely voluntary and private settlement process emphasizing informed decision making and creation of mutually acceptable agreements.

HOW DOES MEDIATION WORK?

An impartial mediator assists two parties to clarify their issues in a dispute, communicate clearly, determine their needs and interests, consider options for a satisfactory settlement, and reach fair sensible agreements.

WHO CAN USE MEDIATION?

Anyone willing to deal in good faith with the desire to settle a dispute reasonably and cost effectively can reach an agreement in mediation. It is possible for mediation to be effective even when conflict and emotions are high, and communication has broken down.

WHAT IS THE MEDIATOR’S ROLE?

As mediators, we are not decision-makers nor are we able to provide you legal, tax, or financial advice. Our role is to help interpret your concerns, assist with opening the lines of communication, and facilitate the exchange of information. Our goal is to empower you in reaching a settlement of your dispute.

ARE MEDIATORS ATTORNEYS?

No, mediators with a background in law should not act in a legal capacity while in the role of a mediator. As mediators, we cannot give you legal advice. However, we can help assess whether or not legal assistance may be needed.

IS THERE A ROLE FOR YOUR ATTORNEY?

An attorney is not required for mediation to be successful. However, yes, if retained, your attorney can play an extremely important role in advising and clarifying legal issues and helping to draw up agreements. We work closely with individuals and their attorneys to reach a shared goal of resolution and reconciliation.

WHAT COSTS CAN YOU EXPECT WITH MEDIATION?

We work on an hourly basis. All fees are non-refundable and due in full at the time of the mediation. The fee is typically split between both parties; however can be paid by one or both of the parties in any sharing arrangement agreed upon. We strive to keep our fees reasonable and affordable to accommodate your financial situation. Contact us to find out more about our affordable mediation services!

DO I NEED TO BRING EVIDENCE TO MY MEDIATION SESSION?

No. Mediation is not court. We are not here to decide who is innocent and who is guilty. We are here specifically to provide a neutral environment where parties can discuss issues that are causing problems for them and the other person involved. If you have proof of evidence in which you believe will help in clarifying your issue, you are welcome and encouraged to bring to the mediation session. This is not required, nor is it necessary.

IF WE REACH AN AGREEMENT, IS IT LEGALLY BINDING?

Yes. The agreement you reach is reduced to a contract that is legally binding.

WHAT IF WE CAN’T REACH AN AGREEMENT?

If you cannot reach an agreement, you are free to continue with costs associated with hiring an attorney, going to court, and handing over control to a judge to determine the outcome of your dispute.

IS MEDIATION CONFIDENTIAL?

Yes. Information gathered during the mediation process is privileged information and will remain confidential. As your mediator we cannot be called to testify in court if you still choose to litigate after mediation.

HOW LONG DOES THE MEDIATON PROCESS TAKE?

The amount of time to mediate a successful outcome can vary depending on the willingness of each party involved to listen and actively participate in the mediation process. Mediation sessions generally take only 2 to 4 hours. A minimum of two hours is scheduled per session. Either party is free to end the process mediation at any time if it is found the mediation does not meet your needs.

TO GET STARTED WHAT DO I NEED TO DO?

Contact Brownstone Mediation Services today to schedule an appointment.