Mediation is a form of alternative dispute resolution. It is an informal
process in which opposing parties may 
negotiate a voluntary resolution of
their dispute with the help of a neutral person called a "mediator."
The decision to mediate is completely voluntary for both the claimant and the respondent and must be agreed to by both parties. Mediation helps parties find solutions to their conflict and can be effective in civil, probate, landlord-tenant and family law conflicts.
Mediation is "assisted negotiation"
Mediation allows people to meet in a private setting, where a neutral person (a mediator), helps them work out a solution to their problems. The mediator is not a judge and does not decide who is “right” or who is "wrong." The parties themselves make the choices that lead to a mutually satisfactory settlement.
How does it work?
Each party describes the dispute from his or her own point of view and offers possible solutions. The mediator helps the parties to focus on the real issues causing the problem and then helps them to find a workable solution. When the parties arrive at an agreement, the agreement is put in writing.
How do I begin the process?
If you have a lawyer, ask him or her about mediating your case. If the other
party also agrees to try mediation, a mediator at WEMediate will schedule
an initial mediation session.
Are there cases that should not be mediated?
While many problems can be resolved in mediation, you can discuss with your lawyer or the mediator whether or not the issues in your case can be mediated. Cases involving ongoing domestic violence should almost never be mediated.
What if parties don’t speak English?
Translators or signers can be identified in cases where language presents a barrier to communication.
How does mediation affect my legal rights?
Whether or not you reach an agreement in mediation, your legal rights remain intact. You should know your legal rights before attending mediation. Mediators do not offer legal advice, represent parties or testify at any subsequent hearings that may result if you do not resolve your case in mediation. You are always free to retain the services of a lawyer to assist you.
Why try mediation?
- It works. A good deal of mediations end in agreement as the parties
are motivated to find resolution.
- It’s affordable. Parties generally agree to split the cost of a mediator.
Cases mediated early may avoid costly litigation.
- It’s quick. If conducted early, mediation may result in settlement far
quicker than waiting until near trial to settle.
- It’s private. Unless agreed otherwise, almost everything disclosed during
mediation is confidential and cannot be used in a lawsuit.
- It's impartial. Mediators have no stake in the outcome. Their role is
to facilitate the resolution of the complaint.
- It’s cooperative - not adversarial. Mediation provides a comfortable, safe and respectful setting for discussion. It is not " combative" as court cases can become.
Nothing is lost by trying! If the mediation process fails, litigation is still an option.