INFORMATION ABOUT
MEDIATION

Mediation is a process that tries to solve legal matters by having the parties, with the help of a trained mediator, reach a mutually satisfactory result without suing each other in court.

We hope that the questions and answers presented here will assist you in familiarizing yourself with the issues involved in Mediation. However, not all problems can be mediated successfully. Because all legal matters are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT IS MEDIATION?

If both sides to a dispute wish to avoid going to court and would prefer to reach a mutually acceptable result, they can use the Mediation process to try to solve their legal problem in a comfortable non-threatening atmosphere. People feel good when they have been able to air their differences and settle on a mutually satisfactory result. mediation is an accepted alternative to litigation.

WHAT KINDS OF LEGAL ISSUES CAN BE MEDIATED?

Although almost every kind of legal problem can be mediated if the two sides are willing, clients used to mediate only Domestic Relations cases. However, in the past few years, we have been asked to mediate a number of other kinds of cases, ranging from contracts and commercial real estate matters to neighborhood disputes over barking dogs and loud children.

HOW LONG DOES MEDIATION TAKE AND WHAT WILL I HAVE TO PAY?

Mediation requires enough time for the two parties to be able to explain, in an uninterrupted fashion, their own perceptions of the current disputed issues and their ideas about how to keep the problem solved in the future. The amount of time necessary to accomplish this varies, depending especially on what issue is being mediated. For example, in divorce matters where the parties have already decided to divorce but have been unable to settle their financial issues and problems involving the children, mediation generally requires 8-10 sessions, normally held every other week. However, an issue involving unruly neighborhood children might be resolved in just 2-4 sessions. The mediator will advise you during your first meeting of the number of sessions he or she expects to need to resolve the problem. You will pay a set fee per session, generally in advance.

Congress has recently passed a bill that President Clinton is expected to sign which will allow federal agencies to use mediation to settle disputes with the entities they regulate. Once the bill is signed, several agencies expect to begin using this technique much more often. The bill will have the biggest effect on the EEOC, the IRS, the EPA and OSHA, which regularly impose sanctions on individuals nad companies. However, it will apply to almost all federal agencies. The bill is H.R. 4194, the Administrative Dispute Resolution Act.

WHAT DOES THE MEDIATOR DO?

The mediator's role is a neutral one. The mediator raises some issues and clarifies others. The mediator is not a therapist, marriage counselor or child disciplinarian. However, the mediator must be specially trained.

WILL I NEED AN ATTORNEY ALSO?

Frequently you will still need an attorney to give you legal and negotiation skills and advice. The attorney should also draft papers to put your mutual resolutions into a written form for all parties to sign. Your mediator can and should advise you if you will need a lawyer also.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you have other questions or comments about Mediation, or any other area in which we practice, please send us an E-Mail message with your questions or comments and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Alternative Dispute Resolution Online Library
Mediation Books
Mediation Service Providers
Mediation in the Schools
Solomon Publications - self-instruction manuals for arbitrators and mediators