Frequently Asked Questions for Mediation Lawyers

These days, Alternative Dispute Resolution (ADR) services are on the rise to resolve legal issues without having to go to court. Not only does it mean that the case takes considerably less time to resolve, but it also means that it is more likely to reach a conclusion that both parties are happy with and willing to comply with. If you are meeting with a mediation attorney soon, knowing the answers to some of the most frequently asked questions may help:

1. “What is mediation?”

This is the process by which two parties to a dispute meet with their attorney mediators and an impartial mediator to resolve the issues in their case. The goal of the process is to try to salvage whatever relationship the parties have left (since a short procedure will, in most cases, end it entirely).

2. “What kinds of cases can mediation resolve?”

A mediator can work with a variety of situations, including: divorce or child custody/visitation disputes; personal injury or accident cases; consumer complaints (related to car sales, for example); commercial and business disagreements; complaints against financial and brokerage companies; fights between landlords and tenants; and minor criminal matters.

3. “How is mediation different from a normal court proceeding?”

The main difference between the two is that the mediation attorneys are not the ones in control, but the parties to the case. You are the people who decide how things are going to happen; attorneys are only there to help you understand the different processes and keep conversations civil. These meetings are also arranged according to your schedule, while the court does not take this into account.

4. “What can I expect from mediation?”

Basically, there are two types of meetings you can participate in: the first is one where all parties (you, the opposing party, your mediation attorneys, and the mediator) meet; the second is the one in which only some of the parties (you, your lawyer and the mediator, for example) meet. At the end of the discussions, you can expect to sign a comprehensive document outlining the terms of the agreement.

If you have any other questions, don’t hesitate to ask your mediation attorney the next time you meet with them. After all, you will likely meet with your attorney several times before the mediation process begins, giving you plenty of time to develop a good understanding of what the entire process entails, from start to finish. And, if your case cannot be resolved civilly through mediation, you can at least be sure that it will be taken to court.