What is Mediation?
Mediation is a process whereby potential litigants sit down with an
experienced professional and try to work
through their problem. It is a process that gives you complete
control over the outcome. It can happen at the beginning of a
litigation, in the middle of a litigation, or instead of a litigation.
It can involve lawyers or not involve lawyers. You make these decisions.
Aren't the courts going to look down on you if you went to Mediation?
Actually just the opposite is true - the courts would like everyone
to solve things in mediation that can. Many court systems and to some extent
the one in your area, require ADR, or Alternate Dispute Resolution, before you can take
a case to court. ADR is looked upon with favor by the courts.
How long does Mediation take?
Small business dispute or events like auto accidents can take half a day or sometimes even a day.
More complucated business disputes can take up to a week's time. Divorce mediation can take 3-5
two-hour sessions, or even more if there are a lot of complicated assets. It is, however,
a lot less time than going through court.
Don't we have to file something with the court?
Once mediation is complete and a settlement is made, a settlement agreement
will be drawn up and signed by both parties. The settlement agreement can be arranged by the mediator
or you can involve an attorney on your own. That agreement becomes a contract and is enforceable like a contract.
In business mediations, a contract is enough to settle the dispute.
After a divorce mediation, the settlement agreement and the divorce papers would have to be filed with the court.
If you'd prefer, all this can be arranged by the mediator or you can hire an outside attorney.
How much does Mediation cost?
Your union has arranged for a deduction of $250 in your retainer fee and $100 an hour in hourly fees.
The mediation is billed at $250 an hour and is often times completed within the retainer of $1250.
If there are court costs, these are in addition, as is the drawing up of the settlement agreement.
You can find mediators at all different cost levels from $200 an hour to $500 an hour and higher.
Dr. Aumiller brings you the highest quality mediation at the lower cost because of your union affiliation.
The better question is what does it cost not to go to mediation.