Mediation is a process facilitated by a neutral mediator when two parties are in dispute. The mediator does not make decisions for the parties but provides a structure so that conflict can be reduced, areas of common ground explored and a mutually agreeable solution found.
The goal of mediation is the resolution of disputes to the satisfaction of all parties.
Benefits of Mediation:
- Mediation is cost effective & time efficient;
- An agreement can be reached with less acrimony and ill will;
- The dispute remains private;
- Participants retain control of the agenda and outcome of the mediation; and
- Settlement options are developed and discussed that meet everyone’s goals fairly
Confidentiality and full disclosure are always adhered to in mediation sessions. Anything said in the process of mediation cannot be used later on in court. The process is more flexible and less formal than arbitration.
Both parties can bring independent legal counsel to the mediation session and when a final agreement is reached, the agreement can be put into writing either by the mediator or by the independent counsel of the parties.
If either party attends the mediation without representation by a lawyer, they will be advised to obtain legal advice from an independent lawyer before executing any agreement. Mediation services available through Heritage Law include the following:
- Business Disputes;
- Pre-marriage, Divorce and Separation Issues; and
- Estate Planning and Administration Disputes