Berry
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MEDIATION EXPLAINED by Robin L. Berry |
What is Mediation?
Mediation is the process of resolution of a dispute where a neutral person acts as a facilitator and assists the parties in reaching a resolution.
Is Mediation binding?
Mediation may be made binding by the parties. The parties may choose at the conclusion of the mediation to reduce their agreement to writing which when signed by both the parties become a contract. As a contract, the agreement is enforceable through the courts.
How do I get to Mediation?
The parties may agree to Mediation at any time. The dispute is submitted to a mediator or forum by signing an agreement to mediate, agreeing to abide by the rules of the forum, and signing a confidentiality agreement (California Evidence Code Section 1152.5). The parties are required to come to the hearing in good faith.
How do you choose a mediator?
Mediators are available through community based organizations, alternative dispute organizations and as individual practitioners. A mediator should have at least some formal mediation training and actual experience conducting mediations. Mediators should subscribe to a code of ethics and disclose any potential conflicts of interest with the prospective parties (i.e. having worked with one of the parties). It is important to remember that you need to feel comfortable with the mediator.
What happens at the hearing?
The mediator acts a facilitator. The hearing is an informal and non-adversarial process wherein the parties talk. The parties are encouraged to present their needs and their feelings on the issues that gave rise to the dispute. The mediator acts to improve the communication between the parties and move them to reaching a negotiated settlement. Documents may be presented to the other party, but are of little interest to the mediator except to assist with understanding the parties interests.
Does the mediator have any powers?
The mediator has no power except that of persuasion. The mediator is there to assist the process of communication - to facilitate.
Should attorneys be involved?
The parties may chose to have attorneys present
and to have the attorneys speak on their behalf. It is a decision
which each party will need to make for themselves.
Robin Berry |