What is Mediation?

Mediation is an alternative form of dispute resolution that has proven effective in helping litigants resolve their cases through compromise instead of having a judge decide the outcome in court. Any solution created is binding and enforceable in court, much like a judgment.

How Does Mediation Work?

During a mediation session, an objective mediator from the mediation program meets with all parties and helps them gain a deeper legal understanding of their conflict, how to create a solution, and why that solution may be better than having a trial. The mediation program provides mediation in two ways: pretrial mediation and mandatory day of trial.

Pretrial Mediation

You can arrange mediation at any time before the trial or even before filing a case. Contact your opponent and agree on three (3) dates and times to meet with the mediator during mediation program hours. Then, call the mediation program to schedule the meeting.

• If your case is settled through mediation, you and your opponent will sign a document outlining what you both agree to do. The settlement may require the case to be dismissed, or it may require you to come to court to present the settlement and make it part of the case record.
• If you do not settle through mediation, you will go on to appear in court on the trial date. Mediation will not delay your opportunity for a court hearing.

Mandatory Mediation

A mediator meets with both the plaintiff and the defendant of an action outside the courtroom on the day scheduled for trial to try to settle the case. Both parties must agree to participate in the process.

• If your case is resolved through mediation, the mediator writes the settlement agreement, the court accepts it, and there is no trial. The case is over.
• If you are not able to resolve your case through mediation, the parties will return to the courtroom, and a judicial officer will hear your case.

Benefits of Mediation

Mediation can be beneficial to both plaintiffs and defendants. It has proven very effective in helping litigants resolve their cases, and most attorneys prefer it to a trial. Our mediators are specially trained to help parties understand the legal limits under which the court operates and expose the strengths and weaknesses of the parties’ arguments. When parties take their case to court, there is a risk that neither party will get their desired outcome. Mediation allows parties to retain control over the outcome in their case, whether that be payment plans that fit within their budgets or to keep the issues in their case confidential.

More Reasons to Consider Mediation

• Prevents the escalation of conflict.
• Helps end problems, not relationships.
• Promotes communication and cooperation.
• Allows the parties in the conflict to choose the solutions that work best for them.
• People who create their own agreements are more likely to follow through with their promises.