The Mediation Process

Mediation is a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. The decision-making authority rests with the parties not with the court.

The mediation process is a collaborative, consensual, and voluntary process. Everything discussed in mediation is confidential except where disclosure is required or permitted by law. These discussions cannot be used later in the court process.  The mediator shall be neutral and impartial and maintain the decorum of the mediation. The mediator will write a partial or entire agreement for the parties to sign if any agreement is reached. The mediator’s goal is to help empower the parties to resolve their dispute.

The mediator may be an attorney, but will not be able to provide either party with any legal advice. It is suggested that prior to mediation you consult with an attorney to know your legal rights and have an attorney review any agreement prior to signing. Any agreement that is signed will be binding and upheld by the court in the event of a later dispute. If circumstances later change the mediation process can be used again to amend prior agreements.