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1) What is mediation?

2) Is mediation different from arbitration?

3) Why not simply go to trial?

4) Is mediation only for particular types of controversies?

5) Is mediation more expensive than trial?

6) What will mediation cost me?

7) What are the benefits to mediation?

8) Can my attorney be present in mediation?

 

1) What is mediation?

Mediation generally involves:

 

[1] selection of the mediator,

[2] preparation of materials to be submitted prior to mediation,

[3] delivering the opening statement by each party,

[4] participation in joint sessions, and

[5] participation in private caucus sessions.

 

Therefore the mediation process involves a disinterested third party whose sole purpose is to assist the parties to a conflict in moving toward a resolution, agreement or reconciliation. Ultimately it is a process of choice by those involved in a conflict that may or may not have reached the point of a filed lawsuit.

 

2) Is mediation different from arbitration?

Yes. Arbitration is a method of dispute resolution that can take on the appearance of a mini-trial in that materials are submitted to an arbitrator who will make a decision on the controversy that may or may not be binding upon all the involved parties.

Mediation is a process whereby all parties to a controversy are brought together for the purpose of allowing them or assisting them in arriving at a resolution that they all agree to and join with, not something that has been forced upon the parties.

 

3) Why not simply go to trial?

There are times when trial is either the only remedy or it is the appropriate avenue to resolve a controversy. However, it is a very time consuming and expensive process. In the end, a decision is made by either a judge or a jury that will bind the parties pending a future appellate procedure that will involve greater time and expense. In conclusion, the parties have no direct authority and only limited ability in deciding the final outcome at trial.

 

4) Is mediation only for particular types of controversies?

No. Theoretically any controversy can get closer to resolution through mediation. However, personalities may serve to diminish mediation as a viable option. In addition, different controversies may respond better to differing models in the mediation process.

 

5) Is mediation more expensive than trial?

No. It is far less expensive than trial.

 

6) What will mediation cost me?

Mediation costs for Greater Midwest Mediation Services are:

$700 for one-half day mediation [generally 4 hours]

$1,200 for one full day mediation [generally 8 hours]

All other matters are charged at a rate of $175 per hour. Other expenses may include your personal travel expenses and any fees if any that your attorney might charge.

Greater Midwest Mediation Services charges nothing further for travel to attend and facilitate mediation anywhere within the state of Minnesota.

 

7) What are the benefits to mediation?

The generally acknowledged benefits are that the parties themselves are often able to reach an agreement, thus avoiding further legal expense and emotional expenditure. The involved individuals are able to exercise some authority and control over a situation that directly affects them and in doing so, may better understand the factors that brought them to the conflict, thereby perhaps avoiding future controversies. If there are any ongoing relationships between the parties, these stand a better chance of surviving the conflict through mediation than they otherwise would at trial.

 

8) Can my attorney be present in mediation?

Yes, if you are represented by counsel, they are encouraged to attend and take part.


Peter Balega: balegalaw@msn.com

No Mileage or Travel Fee for cases conducted within the state of Minnesota

 

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Graphics created by: Kimberly Balega.