What is mediation? Mediation is an informal way to resolve disputes outside of the formal court system.  People have an opportunity to find their own solutions to their issues with the help of a neutral third person. There is no agreement unless both people agree.  You do not give up control of your dispute for someone else to decide, basically, mediation:

• Is inexpensive or free

• Is confidential

• Is faster than a trial

• Preserves relationships by improving communication

• Produces lasting agreements because the parties have created them 

Who are the mediators? The mediators are impartial people who come from all walks of life and all professions.  They all have completed  formal training in mediation and then completed a supervised apprenticeship with The Peacemaker Program’s experienced, certified mediators. Those who work with family cases and many other types of cases must have additional training and experience. Our mediators are all certified by The Peacemaker Program under the guidelines of, and in conjunction with, the New York State Unified Court System, Office of Alternative Dispute Resolution.

 What happens in mediation? Usually everyone meets together in a private room.  Each person gets to speak about what is important to them, and to hear what is important to the other side. The mediator (and sometime co-mediators) assist with the discussion, but does not decide who is right or wrong. The people decide the outcome. The discussions are considered confidential. All people involved who can make decisions need to be present. During your initial phone consultation, you will be asked information concerning the people involved and determine who needs to be present.  Many times mediation lasts only two or three hours.  In some cases, particularly family matters, the mediator may meet with the parties several times. You should be prepared to bring and show any documents that will help the other side to understand your point of view in the matter. You should also come prepared to explain your point of view fully.

 You do not need a lawyer; however, if there are any legal issues involved, it is best to consult a lawyer about your legal rights prior to coming to mediation or during the mediation process. Mediators do not give legal advice.

What cases are appropriate for mediation? Mediation works well in almost any type of case as long as the people are willing and able to negotiate for themselves. Common types of cases would be:

• Parenting plans; including custody, visitation and child support arrangements

• Parent-child disputes

• Divorce or separation

• Consumer/merchant disputes

• Landlord/tenant disputes

• Neighbor disputes, including neighborhood/homeowner associations

• Workplace or employment cases

• Peer/school disputes

• Commercial or contract disputes

• Special education (IEP)/school disputes

• Small clams court cases under $5,000

 What cases are not appropriate for mediation? Family matters in which there is physical or psychological abuse may not be suited to mediation. If there is an extreme imbalance in bargaining power, sophistication, or knowledge of the parties, mediation may not be appropriate.  You may discuss these issues during the initial phone consultation. 

What makes a mediation successful? Everyone involved should be willing to negotiate in good faith, and have some flexibility in how the matter is resolved. Everyone should be willing to listen with an open mind to the other side, and to share his or her own point of view.

What if my case is not resolved in mediation? You do not give up any other options by trying mediation. You may still pursue other alternatives such as court or arbitration.

Do you offer other dispute resolution services? We also offer Lemon Law Arbitration and General Arbitration services, in which a neutral third party (the arbitrator) is empowered to make decisions.  These decisions are binding on everyone involved in the dispute.