What Should You Know About Mediation
What is mediation?
In mediation, a neutral third party (the mediator) works with the parties to a case to help them resolve their issues so that they can avoid going to court.
Is mediation binding?
No, mediation is a non-binding and confidential process. I will try to help you resolve your issues. If no written agreement is reached, neither of you is bound by what occurred in mediation. Also, if no written agreement is reached, the judge cannot receive information about what occurred in mediation.
If you request that I draft the agreement that results from mediation, it is still not binding until it is signed by both of you. You are entitled to have an attorney review any mediated agreement on your behalf, and receive advice on it, before you choose to sign it.
Why choose mediation?
Mediation has several advantages over litigation:
- You can create an agreement on your own terms instead of a judge dictating terms to you.
- Mediated agreements allow for creativity and solutions geared to your goals.
- Mediated agreements often contain important detail that is difficult to get in a courtroom.
- Mediation is often much less expensive than the traditional court route.
- Mediation is confidential and private – a place to discuss compromise without the risk of it being used against you later.