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Last Updated August 17, 2009
INFORMATION ABOUT MEDIATION |
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Mediation is a process that tries to solve legal matters by having the parties, with the help of a trained mediator, reach a mutually satisfactory result without suing each other in court.
We hope that the questions and answers presented here will assist you in familiarizing yourself with the issues involved in Mediation. However, not all problems can be mediated successfully. Because all legal matters are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.
If
both sides to a dispute wish to avoid going to court and would prefer to reach
a mutually acceptable result, they can use the Mediation process to try to
solve their legal problem in a comfortable non-threatening atmosphere. People
feel good when they have been able to air their differences and settle on a
mutually satisfactory result. Mediation is an accepted alternative to
litigation.
Although
almost 
every kind of legal
problem can be mediated if the two sides are willing, clients used to mediate
mostly Domestic Relations cases. However, in the past few years, we have been
asked to mediate many other kinds of cases, ranging from contracts and
commercial real estate matters to neighborhood disputes over barking dogs and
loud children.
Mediation
requires enough time for 
the two parties to be able
to explain, in an uninterrupted fashion, their own perceptions of the current
disputed issues and their ideas about how to keep the problem solved in the
future. The amount of time necessary to accomplish this varies, depending
especially on what issue is being mediated. For example, in divorce matters
where the parties have already decided to divorce but have been unable to
settle their financial issues and problems involving the children, mediation
generally requires 8-10 sessions, normally held every other week. However, an
issue involving unruly neighborhood children might be resolved in just 2-4
sessions. The mediator will advise you during your first meeting of the number
of sessions he or she expects to need to resolve the problem. You will pay a
set fee per session, generally in advance.
The
mediator's role is a neutral one. The mediator raises some issues and clarifies
others. The mediator is not a therapist, marriage counselor or child disciplinarian.
However, the mediator must be specially trained.
Frequently,
you will still need an attorney to give you legal and negotiation skills and
advice. The attorney will draft papers to put your mutual resolutions
into a written form for all parties to sign. Your mediator can and should
advise you if you will need a lawyer also.
DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you have other questions or comments about Mediation, or any other area in which we practice, please send us an E-Mail message with your questions or comments and we will be happy to try to assist you.
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LINKS TO OTHER INTERESTING INFO
Alternative Dispute Resolution Online
Library
Mediation
Books
Mediation
in the Schools
Solomon Publications -
self-instruction manuals for arbitrators and mediators
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Information found at this Web site is for general informational purposes only and is not intended to be legal advice or the rendering of a legal opinion. DO NOT assume that anything contained in these Web pages answers your specific legal problem. Each legal situation is unique. You should seek independent legal advice and counsel regarding any specific legal problem you may have. |
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