- What is mediation?
- What is arbitration?
- What sort of issues can be resolved through mediation?
- Will I have an opportunity to speak privately with my attorney?
- Can one spouse quit during the mediation?
- What if my case is not resolved through mediation?
- If my case goes to trial, will the Judge hear about what we discussed at the mediation?
1. What is mediation?
Mediation is a method of alternative dispute resolution that encourages parties to resolve issues in a non-adversarial way with the help of a trained, neutral mediator.
2. What is arbitration?
Arbitration is another way to resolve a dispute that does not involve a Judge. Both sides present their case to a neutral third-party, who makes a legally binding judgment in the matter. Arbitration can be more costly and time-consuming than mediation, because your attorney actually has to prepare your case to present to the arbitrator in a similar way as they would prepare for a court hearing.
3. What sort of issues can be resolved through mediation?
There are many types of mediation that can be used to resolve almost any sort of civil issue. Family Financial Settlement mediators are trained to work with all issues of family law to resolve issues of child and spousal support, custody, and equitable distribution. Other mediators work to resolve contract disputes, negotiate partition sales, and resolve all sorts of civil litigation matters.
4. Will I have an opportunity to speak privately with my attorney?
Yes, if at any point during the process you wish to speak privately with your attorney, you may ask the mediator to step out of the room while you speak.
5. Can one spouse quit during the mediation?
Mediation is a voluntary process. There is nothing about mediation that requires a definitive resolution. This can be beneficial in allowing parties to resolve only the issues that they want at a pace that is appropriate for their situation. However, in cases in which the Court has ordered mediation, it is in the mediator’s sole discretion to decide when or if to declare an impasse. Even if matters remain unresolved, other avenues such as litigation and arbitration may still be used to complete the process and attorneys and the parties may continue to negotiate outside of the mediation setting.
6. What if my case is not resolved through mediation?
If you are not successful at mediation, you and the other party, and/or your attorneys can continue to negotiate. If negotiations continue to be unsuccessful in bringing about a resolution, parties may still pursue arbitration or litigation.
7. If my case goes to trial, will the Judge hear about what we discussed at the mediation?
Generally, no. The negotiations that occur as part of a mediation are considered confidential and generally cannot be disclosed at trial to a Judge or jury. Generally, neither party may subpoena the mediator and require the mediator’s testimony or notes There are some, limited exceptions in Fee Dispute Rules.