|
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:
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. |