Mediation

What is mediation?

Mediation is facilitated negotiation. It is a process by which a neutral third party, the mediator, meets with disputing parties and assists them in reaching a mutually satisfactory resolution of their dispute.

Mediation is a private, confidential process. It is designed to encourage the parties to collaborate in the development of a creative "win/win" solution. The mediator is trained to help the parties clarify the disputed issues, identify their respective needs, generate creative options, and select a mutually acceptable solution. Mediators do not give legal advice, render judgments or force the parties to reach settlement.

Why mediate?

Mediation is an informal, constructive, and empowering means of dispute resolution. Some of the advantages are:

  • Mediation is much less time consuming, more convenient, and less expensive than traditional litigation.
  • The parties to a mediation maintain control over the outcome of their disputes.
  • Mediation proceedings are private and confidential.
  • Mediation is conducive to enhancing future relationships between the parties.
  • Mediation fosters creative solutions designed to fulfill the needs of both parties.

The Mediation Process

The parties begin by meeting together with the mediator in a joint session. Although the parties’ attorneys are frequently present, the parties are the focus of the mediation. It is during the first joint session that the parties or their attorneys make initial statements and the mediator begins gathering information. Subsequently, the mediator will assist the parties to clarify problems, generate options, and select a final solution. this part of the process may include one or more private sessions held with each of the parties. During a final joint session, the parties will establish the specific terms of the settlement they have reached and reduce it to a written agreement.

How long does the mediation session take?

The length of the mediation session depends on many factors, such as:

  • The number of parties to the dispute
  • The complexity of the issues

The mediator will work with the parties to schedule adequate time to maximize the likelihood of a mutually satisfactory resolution of the Dispute.

How much does mediation cost?

Fees for mediation services by Mr. Dolina are $150.00 per hour, or $1,000.00 per day. No separate or administrative or per party fees are charged. Typically the fees are split equally between the parties, unless there is an agreement otherwise. In order to confirm and hold a date for a mediation session, there is a requirement that at least one- half of the mediation fee be paid in advance, at the beginning of the mediation session.

If you have any questions, or wish to schedule mediation services, please contact Thomas J. Dolina, Esquire.