Mediation is an alternative to court litigation. If you are having a conflict with someone and are considering taking them to court to find a solution, mediation may be a more affordable solution. A mediator is someone who will meet with both parties in the conflict and attempt to negotiate an unbiased resolution.
If you decide to file a mediation claim, there are a few stages you will go through in the process. You should initially make sure that you are working with a mediator that is experienced in the area in which your issue falls. Once your mediator is chosen, you will meet with them to plan out specific mediation dates and times as well as sign a Mediation Agreement.
Each party will then exchange information and documents that are vital to the claim. When entering into the mediation process, it is important to know that while complete disclosure of information is not required, it is recommended so that the mediator can help to resolve the issue in the most efficient way possible. Before the first mediation session, the parties are asked to turn in a written overview of the claim and all facts associated. They will be asked to provide details on any damages that are associated with the claim. The information that is given in this report is not confidential and will be revealed to the opposing side.
The mediation sessions will consist of the mediator starting the meeting and giving an overview of the mediation process. Both parties will be present for the joint mediation meetings. The mediator will explain the process and discuss that since this is not court litigation, the outcome will depend upon them and their ability to reach an agreement. The mediator’s goal is to focus on the mutual interest and gains for each party. After the initial overview is given, each party involved will be given an opportunity to speak about their position in regards to the case. If the mediator feels like it is appropriate, the parties will then be allowed to engage in a mutual discussion.
After the two parties meet for joint mediation, they will continue with private mediation meetings with the mediator. During these sessions, they will have the opportunity to further discuss their interests and desired outcomes. The mediator will discuss potential resolution options with each party and work towards creating a settlement proposal. If one party can create a proposal, the mediator will then take that proposal to the other side to discuss. If neither party is able to make progress towards resolution, the mediator will then begin to discuss the strengths and weaknesses of each party. The mediator does not, however, provide recommendations towards the settlement proposal until both parties agree that should be the resolution. If everyone agrees, the mediator will create a settlement agreement and present it to all parties at the same time in a joint mediation meeting. If a settlement agreement is made by the parties during the mediation sessions, the mediator will draft a settlement agreement according guidelines agreed upon.
Robert D. Erney is an experienced mediator who can help you solve a dispute you may have. If you have an issue that you believe needs mediation, call Ohio Injury Law to set up your free case evaluation where you can discuss your potential claim.