MEDIATION/EARLY NEUTRAL EVALUATION
What is Mediation?
Mediation is the process by which individuals discuss their dispute in the presence of a neutral third party who has no authority to make a decision or recommend an outcome.
Who is a Mediator?
A mediator is a trained individual who acts as a catalyst in the mediation process. The mediator is a facilitator directing the discussion to enable the individuals to reach an agreement.
When Use Mediation?
It is always better for individuals to resolve their differences between themselves rather than resort to litigation and/or family warfare. Mediation empowers the individuals to work through the issues with the help of a neutral party who has no investment in the outcome. The only interest of the mediator is the integrity of the process itself?
What Does the Integrity of the Process Mean?
No matter what the dispute, mediation starts with these premises:
- The parties are committed to working toward a solution.
- The parties are willing to abide by the rules of the mediator such as respectfulness, uninterrupted listening.
- The parties need not disclose any information against their will, but any information disclosed will be truthful.
How is Mediation Used?
Mediation is used in family law to resolve any and all issues between the parties, such as custody, property settlement and support. All issues are open for discussion.
Mediation is used in Elder Law in several ways. Mediation may be between parents and children or among siblings or interested parties who are searching for resolution of issues such as guardianship, caregiving arrangements, medical assistance. All issues confronting a family dealing with the aging process are open for discussion.
Mediation is used in Elder Law in several ways. Mediation may be between parents and children or among siblings or interested parties who are searching for resolution of issues such as guardianship, caregiving arrangements, medical assistance. All issues confronting a family dealing with the aging process are open for discussion.
How Much Does Mediation Cost?
The cost of mediation is $240.00 per hour. There is a charge for preparation of the memorandum of understanding prepared by the mediator outside the mediation sessions. Mediation sessions are 2 hours in length with the number of sessions depending upon the participants and the issues. No one is forced to participate in mediation.
What to do if this Process is What you are Looking for?
Contact Sarah Martin Arendt with any questions you have about the process. If you decide to proceed, an Agreement to Mediate will be sent to the participants. In addition, you will be asked to complete a questionnaire about the issues. The first mediation session is then scheduled.