What are the Benefits of Mediation?
Mediation is a non-adversarial process that generally resolves disputes more quickly, is less costly and provides greater privacy than court. Mediation works because it educates the parties concerning their adversaries’ positions, offers the parties the opportunity to present settlement positions absent the posturing which frequently accompanies traditional negotiation, and enables disputants to come to an informed settlement, thereby overcoming the risks associated with a forced decision by the court.
How Does Mediation Work?
You will meet together and also separately with the mediator to work out the significant issues raised in your dispute. Your mediator will help identify the problems you need to resolve and help guide you through the decision-making process toward agreements that are acceptable to each of you. The mediator will then draft a memorandum of understanding for your review. The agreement becomes the basis for the resolution of your dispute.
What are the Steps Involved in Mediation?
At your mediation session, you review the mediation guidelines, identify the issues to be discussed, as well as additional information which may be required. Then the mediator assists you in the development of available options to resolve these issues. If you can settle these matters, the mediator drafts a memorandum which incorporates the agreements you have reached. The mediator cannot force you to reach an agreement or make the final decisions for you.
How Long Does Mediation Take?
Mediation varies in length depending on the complexity of the issues involved and the readiness of the parties.
What Does it Cost?
Mediators charge an hourly fee that is usually shared by both parties. The cost of mediation is typically much less than litigation in court. Even the most highly adversarial circumstances can benefit from mediation - you do not have to be amicable to save money and make reasonable decisions.
What is a "Business Divorce"?
Whenever people go into business together, they do so with the very best of intentions. They expect that their business venture will be a success and that they will remain friends and partners. Unfortunately, and all too often, those relationships sour and eventually one or more of the owners of a business decide that they have to exit from the company. These cases often involve heated emotions and can be as unpleasant and as heavily contested as domestic relations divorces. Understanding these issues and how to resolve those disputes is essential to bringing about a resolution. We can help to resolve these cases and bring a creative and acceptable resolution to these cases.