MEDIATION GENERAL INFORMATION

Mediation is a confidential alternative to litigation. By state statute, all discussions and negotiations in the mediation session are confidential. A Mediator cannot be called to testify as to what the parties have disclosed during our session. There is no recording allowed in the online mediations, and no written record is kept of the conversations held between the mediator and the parties. All information provided to the Mediator by the parties remains confidential and is not shared with the other party, unless you and your attorney give the Mediator permission to share that information.

Mediators do not have the power to force a party to settle their case; their role is to facilitate the negotiations, and point out potential risks to each party in taking their case to trial. This differs from an Arbitrator, in which a ruling or decision is rendered in favor of one party or the other.

If the parties reach a settlement, the mediator will prepare a Mediated Settlement Agreement (MSA), which outlines the terms and conditions of the settlement to which the parties have agreed. Each party must review the MSA with their counsel before signing. If the parties concur with the terms of the MSA, each party will sign the agreement. The MSA, once signed, is a binding contract between the parties.
Each party pays a separate mediation fee for the session.

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ARBITRATION

Arbitration is another form of alternative dispute resolution whereby the Arbitrator will make a binding decision as to the parties dispute.

Fees are generally based on time spent. There are NO administrative fees, set-up fees or cancellation fees.

Fees for Arbitration, special master or court appointed matters: Adjudication such as arbitration, special master assignments: $350 per hour, including preparation time.