MEDIATION

Mediation is a process in which a trained neutral person, a 'mediator', helps people in a dispute to communicate with one another, to understand each other, and if possible, to reach agreements that satisfy everyone's needs.

A mediator can help reach agreements, build relationships and find solutions that work. In mediation, you speak for yourself and make your own decisions. Mediators will not make decisions for you, provide any legal advice, or recommend the terms of an agreement. Mediation can help protect your privacy since, unlike courtroom proceedings which are open to the public, mediation is a confidential process.

Why Mediate?
If your case is referred to mediation by the court, or if someone suggest that you try mediation to resolve a conflict, it may be because:

The role of the mediator is to reduce obstacles to communication, assist in identifying issues, exploring alternatives, and facilitating voluntary agreements resolving the dispute. The ultimate decision making authority rests solely with the participants. A mediator will not determine who is "right" or "wrong."

The mediator's job is to assist you in reaching your own resolution. The mediator cannot negotiate on behalf of any participant, give professional advice or represent any of the mediation participants. Everyone is free to, and encouraged to, consult with an attorney of his or her choice during mediation.

Decisions made during mediation are to be made by the participants. The mediator is responsible for assisting you in reaching informed and voluntary decisions while protecting your right of self-determination.

The mediator may not coerce or improperly influence any participant to make a decision or unwillingly participate in mediation. The mediator may not intentionally or knowingly misrepresent any material fact or circumstance during the mediation. If, for any reason, a party is unable to freely exercise self-determination, the mediator must cancel or postpone the mediation.

The mediator must promote awareness of the interests of persons affected by actual or potential agreements who are not represented at the mediation. In raising awareness of the interests of others, however, the mediator should still respect your right to make your own decisions. The mediator may not advocate a particular position.

A mediator may provide information that the mediator is qualified by training or experience to provide, consistent with standards of impartiality and preserving the party's self-determination.

When a mediator believes a party does not understand or appreciate how an agreement may adversely affect legal rights or obligations, the mediator must advise the party of the right to seek independent legal counsel.

A mediator may not offer a personal or professional opinion intended to coerce the parties, decide the dispute, or direct a resolution of any issue. The mediator may point out possible outcomes of the case and discuss the merits of a claim or defense. The mediator may not offer a personal or professional opinion as to how the court in which the case has been filed will resolve the dispute.

The mediator must maintain impartiality throughout mediation. Impartiality means freedom from favoritism or bias in word, action or appearance, and includes a commitment to assist all parties and not any one person. The mediator must be patient, dignified, and courteous during mediation.

The mediator must conduct mediation in an even-handed, balanced manner. The mediator must promote mutual respect among the mediation participants throughout the mediation process and encourage the participants to conduct themselves in a collaborative, non-coercive, and non-adversarial manner.

The mediator may not mediate a matter that presents a clear or undisclosed conflict of interest. A conflict of interest arises when any relationship between the mediator and the participants or the subject matter of the dispute compromises or appears to compromise the mediator's impartiality.

Confidentiality
The mediator must maintain confidentiality in all information revealed during mediation except where disclosure is required by law. All oral or written communications in mediation are confidential and inadmissible as evidence in any subsequent legal proceeding, unless both parties agree otherwise. The reason for the rule is to encourage people to talk openly and honestly, without fear of something said in mediation being used against them.

The mediator is permitted to meet and speak privately with any participant and his or her attorney. This usually happens when the mediator or an attorney or participant thinks it will help move the discussion toward a solution. This is called a "caucus."