Mediation is a voluntary process where parties select a neutral third party (often a retired judge) to act as a facilitator to settle the dispute. The mediator does not decide who is right or wrong. Instead, the mediator talks to each side (usually in separate rooms) and works to eliminate obstacles to settlement. In the end, both parties may be induced to compromise and settle their dispute. No evidence or testimony is required. The mediator has no power to impose a decision on the parties. However, if the parties settle their dispute and sign an agreement, the settlement is enforceable in court.
Q: What are the steps in the mediation process?
A: The process is fairly simple and starts with a written request to the other parties that they agree to mediate the dispute.
|
Submit request for mediation
|
|
|
|
Appoint a mediator
|
|
|
Submit mediation brief
|
|
|
|
Attend Mediation
|
|
|
| Conclusion |
|
Q: Who pays for the mediator?
A: The cost of the mediation is equally divided between the parties unless the parties agree otherwise.
Q: How long does mediation take?
A: Typically cases are resolved after a half day or full day of mediation.
Q: Do I need a lawyer?
A: Because the parties are trying to work out their differences without incurring significant legal expenses, many choose not to involve lawyers. However, all parties are allowed to bring lawyers into the mediation process if they choose to.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.