The following text is being provided for general informational purposes and does not constitute legal advice. Each case must be analyzed individually to determine applicable law.
Mediation - is it for me?
Mediation is a process by which individuals, with the assistance of an experienced mediator, attempt to arrive at a resolution of disputed issues without costly litigation. Such can also reduce the stress which is inherent in any court proceeding and allows the parties to arrive at an agreement which works for them and their unique circumstance.
The role of the mediator is that of a facilitator, an experienced mediator will not impose his or her views upon the parties but rather assist the parties in arriving at a resolution which best suits their particular situation. This differs from arbitration where the parties both present their position to the Arbitrator who then makes the final determination. It is important that the mediator is well versed in the area of law which impacts your dispute. Agreements reached through mediators who are unfamiliar with the law create problems down the line which can result in costly attorney's fees.
Mediation may be stopped at any point in time, if it becomes apparent that the sessions are ineffective. A mediator will not and cannot testify against any party involved in the process at any future court proceedings. This allows the individuals involved to discuss issues and possible settlement offers openly and freely.
Mediation or Alternative Dispute Resolution, as it is also referred to, works best when the parties involved have a mutual respect for one another and who are desirous of reaching an amicable resolution. Mediation can be with or without attorneys for the parties present. In instances where domestic violence exists in the relationship, mediation is not recommended.
In many instances mediation is also utilized in connection with disputes involving businesses and organizations, such as non-profit or tax exempt organizations or churches.
Allowing the participants to determine the outcome, rather than relying upon a third party, such as a judge, to make such determinations that will affect the parties and their future, is a tremendous benefit to all involved.
Janet L. Porro, Esq. and Kristen M. Porro have had intense training in mediation. Attorneys at The Porro Law Group have been mediating disputes in the area of Family Law, Contractual Law, Estate Contests as well as disputes involving Nonprofit Organizations, for over two decades.
Porro Law Group will assist the parties in arriving at a resolution, in a non-adversarial manner, which is equitable to all involved, at a cost which is generally considerably less than the monies expended to fund a litigation.
Mediation is not recommended for all situations. Prior to scheduling an appointment for mediation, inquire as to whether your matter is one which would benefit from this process.