Who can I bring to the mediation?

When you attend mediation, you may usually bring anyone with you that you believe will be helpful in helping you reach an agreement. The purpose of mediation is for you and the party you are having a dispute with to talk things through, listen to each other, compromise and come up with a plan that works. You will not present witnesses or put on a ‘case’ like you would in a trial, so the people you need to bring with you are those who may help you to come to an agreement at the mediation or whose opinion you will want before you decide to settle.

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Do mediators make recommendations to the courts?

Mediation is an out of court process where a neutral mediator listens to both parties in a prospective case and helps them reach an agreement. There are two types of mediators, a private mediator and a court-appointed mediator. The type of mediator determines the mediator’s role and whether or not they have the ability to make recommendations to the courts.

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How do I find a mediator?

There are several good ways to find a mediator to assist you if you are interested in trying this form of alternative dispute resolution (ADR). There are a number of websites on the Internet that will connect you to mediators. You may also wish to ask your attorney for a referral to a mediator who specializes in the subject you are hoping to resolve through mediation, or to contact your local court for referrals.

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Do I need a lawyer for mediation?

If you have filed a lawsuit, you should not agree to any settlement without advice from a lawyer who represents you and your interests. While you may choose to mediate without a lawyer being present, it is generally not a good idea. A lawyer representing you at the mediation can advise you as you consider different options.

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Is mediation confidential?

While the general rule in mediation is that it is confidential, there are some judicially created and some legislator created exceptions to this confidentiality. All of the exceptions are meant for the protection of the mediation process and to prevent attorneys from taking advantage of the process.

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If a court sends me to mediation, does that make it different?

When a court sends you to mediation, usually you should make a good faith effort to try to work out your differences during the mediation process. While the mediation is still not going to be legally binding, and in most cases you can stop it at any time and go back to court, it is still in your best interests to try to cooperate as much as possible. After all, if the judge sent you to mediation and then you refuse to even try, that’s not going to earn you much favor with the person who ultimately does get to make decisions about your case.

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If a court sends me to mediation, do I have to agree to settle my case?

Mediation is a non-binding and generally voluntary form of alternative dispute resolution. If a court sends you to mediation, it can require that you mediate in good faith. However, they cannot and will not require that you settle your case. Mediation is different from arbitration in that with arbitration, you must submit your dispute to an arbitrator and are bound by the decision, whereas the mediation process does not bind you to any resolution.

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Can one of the lawyers representing a disputant serve as a mediator?

It is possible for a lawyer representing a disputant to serve as a mediator, but it is not recommended. A lawyer has an ethical obligation to represent his client vigorously. He cannot represent both disputants. If one of the lawyers tries to mediate, even with the consent of the parties, it is not likely that the other side will be able to be entirely candid.

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Is there a public record made of what occurs in a mediation?

There is generally no record made of a mediation, and nothing from a mediation proceeding becomes public knowledge (like court cases and transcripts sometimes can). When you submit a dispute to mediation, the matter is handled privately between you, the other parties involved in the dispute, and the mediator. This is one of the advantages of mediation.

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