What is Mediation? Mediation is a process where the people in dispute meet with a neutral third party to reach a mutually acceptable, durable, legally enforceable agreement. Simply put, mediation is facilitated negotitation.
What Do Mediators Do? Mediators are unbiased, neutral third parties, who have received specialized training to assist parties to reach settlements through a structured negotiation process. Mediators provide a safe, neutral environment and promote effective communication. Mediators do not decide matters for the parties like arbitrators or judges. They assist the parties in reaching their own mutually agreeable solution. Mediation requires that the individuals in dispute be willing to express their concerns openly and honestly, and also consider the concerns of the other people in the dispute. Mediation encourages collaboration between the parties so that creative solutions can be explored and lasting solutions can be found. The process is effective in both legal situations where a lawsuit has been filed and in circumstances where a non-legal approach is preferred. It is a non-adversarial, respectful and flexible process.
Why Use Mediation? Mediation is typically faster, cheaper and provides more acceptable and durable resolutions than litigation. Mediations typically resolve as quickly as one session up to several weeks. In contrast, the processing standard for the court is to take from 10-12 months from filing to resolution for 90% of the civil and domestic matters.
A recent study showed that 62% of plaintiffs and 24% of defendants in litigation would have done better financially had they settled rather than tried their case.
Mediation is also private and you have greater control over the outcome, with ability to “tailor” the resolution to your concerns. Mediation is centered on the need for people to truly hear each other on a deeper level than is possible in litigation. Mediation parties craft their own resolutions that work for them long term, rather than having a settlement imposed by a court. Mediation also allows parties the opportunity to work through emotional issues that are left unattended in the legal system. Parties who work through mediation have a much better chance of preserving on-going relationships. And mediation encourages parties to learn effective negotiation skills.
How do I set up a mediation session?
Call our office at 509-685-1230. Our staff will take critical information and lead you through the procedures for setting up the mediation.
When the participants arrive for the mediation session, the mediator typically meets with them jointly to explain the process, sign the Agreement to Mediate and to hear from each side in what are called “opening statements”. From these statements the mediator summarizes and clarifies the issues to resolve and establishes an agenda.
Sometimes a mediator will separate or keep the parties separated in “caucuses” or “private meetings”, either for some or all of the mediation, in what is often termed “shuttle mediation”.
Confidentiality
Confidentiality is critical to mediation and is defined and enforced by RCW 7.07. Because mediation is confidential, it means that nothing said or disclosed in the mediation can be disclosed outside the mediation (with some legally required exceptions such as child abuse). Mediators cannot generally be subpoenaed or required to testify about the substance of the mediation session. The confidential nature of the mediation process creates a safe place for the participants to talk and to make offers they might not otherwise be comfortable making. It facilitates communication that has broken down during the conflict, and allows them to find settlements that work for them.
Settlement Agreement
The Mediator will memorialize whatever agreements you reach during mediation. You are encouraged, but not required, to have this Memorandum of Mediation reviewed by an attorney of your choice. The mediator cannot give legal advice, even if the mediator is a lawyer. We have, when requested, drafted complete final legal pleadings for submission to the court for entry to finalize and end litigation.