How Mediation Works
Mediation is an informal, confidential, nonbinding process (unless a settlement is reached). If the parties reach a negotiated resolution as a result of the mediation, the mediator generates a report that serves as an enforceable, binding agreement. The parties can mediate their dispute at any time, including prior to the filing of a lawsuit. The parties can either agree to the mediation voluntarily, or a judge could order the parties to go to mediation.
Steps In the Mediation Process
In Ohio, the Uniform Mediation Act, codified at Ohio Revised Code §2710.01, et seq., Attorneys considering mediation should have a basic understanding of the statutory scheme.
This is what the process looks like:
- The parties and/or their legal representatives agree to engage in mediation, before a mediator of their choosing.
- Once the parties agree upon a mediator, their attorneys will contact the chosen mediator to begin the process.
- The mediator will co-ordinate and schedule the mediation session. Once the date, time, and place of the mediation has been established, the mediator will generate a letter that confirms the mediation and sets forth certain requirements as well as the cost involved. A sample letter is attached.
- If the parties reach a resolution of their matter, the mediator will prepare a mediation report that spells out the terms of that agreement that will be signed by the parties. In most instances, that report remains private and is not included in the public record, although it is possible in court-ordered mediations.
Our Fee Schedule
We charge $400.00 per hour for two-party mediations and arbitrations, which is split evenly between the parties. For more than two parties, the hourly rate is $250 per party per hour. We also charge for travel time up to 1.5 hours each way at the above listed rates. Any travel time exceeding 1.5 hours each way is billed at 50% of the above listed rates.