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Mediation is a voluntary process where a neutral third party (the mediator) facilitates communication between disputing parties to help them reach a mutually acceptable resolution.
In mediation, the mediator helps the parties negotiate and reach their own agreement, whereas in arbitration, the arbitrator makes a binding decision for the parties.
Yes, mediation is typically a confidential process. Discussions that occur during mediation cannot be used as evidence in court.
Any parties involved in a dispute can participate in mediation, including individuals, businesses, and organizations.
Mediation can be used for a wide range of disputes, including family matters, workplace issues, civil disputes, and commercial conflicts.
The duration of mediation varies depending on the complexity of the issues and the willingness of the parties to negotiate, but sessions typically last a few hours to a full day.
If an agreement is reached, the mediator will help draft a written agreement that outlines the terms, which can then be signed by the parties.
While it's not required to have a lawyer in mediation, having legal representation to review documentation can be beneficial, especially in complex disputes.
Individuals should have conversations about next steps while in mediation, we have written information that will be available to our customers.
Participants might ask if they can have a support person, attorney, or representative present during the session. All parties must be in agreement.
Participants may inquire about how the mediator can facilitate discussions if one side is resistant to compromise.
Questions may arise about the binding nature of agreements made in mediation and the possibility of revisiting terms later.
Individuals may inquire about the next steps if an agreement cannot be reached, including potential legal action.
Participants may ask about any limitations on the subjects that can be addressed during mediation, especially regarding sensitive issues.
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