EXPEDIENCE:
- A case seen in mediation is solved quicker than in the traditional method of the court- You control the outcome- The compiled information, such as the pleadings, filings, depositions (if completed), contracts, agreements of any sort; on the case at least
14 days prior to mediation which will help facilitate and expedite the process
FEE STRUCTURE:
- The first two hours are free- one of those hours is used for administrative preparation tasks- and the second hour is used for the initial first hour session- The cost of mediation is shared equally by all respective parties- All work done and costs related ro mediation shall be disclosed by mediator to all parties before the commencement of the mediation
- At the end of the initial free one hour session, the mediator will then announce the continuation of the mediation, thus ending the first free hour- Any cancellations which occur in less than 24 hours will be charged all allocated fees and expensesCONFIDENTIALITY:
Unless the parties agree to disclose information to one another, the mediator will not do so. In addition, the mediator will maintain all information confidential, unless there is a reasonable belief that a criminal or illegal act will be committed, then the mediator has a legal obligation to disclose. Communication during mediation is not subject to discovery or as admissible evidence and the mediator cannot be compelled to testify.
OPPORTUNITY:
- The purpose of mediation is to be able to discuss the issues at hand and come to a resolution in a facilitative environment of communication not usually available during a court proceeding- The facilitation of communication lends itself to promote settlement with an impartial third party FACILITATION AND EFFECTIVENESS:
- Honest disclosure and collaboration is needed to have optimal results- Mediation should be a win win situation because it allows a dispute to be resolved and fairness is not the issue, because fairness entails an inbalance
of power between the parties, therefore, the resolution entails collaboration
and the end of the conflict
- You must come with a mind set that this process will help end the dispute - Being positive and collaborative will help the case favorably- People who have settlement authority must be present or reachable to help facilitate the process- Be prepared before coming to mediation with a proposal, goals, and what you expect to accomplish
KEY SOLUTIONS MEDIATION, LLC
