General Information GENERAL INFORMATION This webpage is a SHARED-INFO file and may not provide additional relevant information.. Mediation Defined / Nature of the Process. We suggest you also view page How to Mediate & Determine Cost via e-Court. Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences. Role of the Mediator Mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is "fair" or "right," does not assess blame nor render an opinion on the merits or chances of success if the case were litigated. Rather, the mediator acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. The mediator will, however, seek concessions from each side during the mediation process. Forbearance from Litigation During Mediation and Confidentiality of Proceedings At the outset of a mediation process, the mediator may well seek agreement from the parties to forbear from litigation during the mediation process and to hold everything that is said in the various sessions confidential and not deemed an admission or used against any party in any other proceeding if mediation fails. Procedures: Joint Session Followed by Private Caucuses Mediation generally begins with a joint session to set an agenda, define the issues and ascertain the position and/or concerns of the parties. This allows the parties to attack the resolution process either on an issue-by-issue or group-by-group basis. The joint session is then followed by a separate caucus between the mediator and each individual party or their counsel. This allows each side to explain and enlarge upon their position and mediation goals in confidence. It also gives the mediator an opportunity to ask questions which may well serve to create doubt in an advocate's mind over the validity of a particular position. What is online mediation? Online mediation is the process of resolving conflicts through the use of Internet video conferencing managed by the mediator. e-Court offers world-class mediation services through the Internet when travel, time, and cost constraints make face-to-face mediation difficult. Why use online mediation services? You want to consider using online mediation services when: You live far away from urban areas where mediators tend to be located. You want a first class mediator, but don’t want the expense of traveling. You want the privacy of your home or office rather than a law firm conference room. You want the flexibility to mediate on your schedule. You truly desire to save money, time, and frustration through mediation. The other side is willing to save money and participate online. You have a family problem such as a fight over an estate, trust, or will, a dispute over money, difficult arguments with your siblings. You want to resolve a dispute without filing a lawsuit. Your lawyer recommends online mediation as a cost-effective way of settling a lawsuit or dispute that could end up in a lawsuit. How does online mediation work? Mediation consists of calming down strong emotions then helping everyone negotiate a resolution that makes sense. Online mediation accomplishes this through video conferencing instead of face-to-face meetings. In many cases, the time and cost savings and the convenience to you outweighs the benefits of sitting across a table with a mediator in a far-away city. What are the technology requirements for online mediation? All of the parties must: Have reasonably fast Internet access that can support video conferencing such as Skype or Zoom. Have a computer or tablet that is not much more than 3 years old. Have a modern web browser installed and working. Have a place at home or at work that is private with Internet access. How long does an online mediation last? Like traditional mediation, an online mediation can last anywhere from a few hours to several days. The advantage of online mediation is that it can be scheduled in blocks of time for your convenience. Since you are not traveling, the online mediation process can be much more flexible. How much does an online mediation cost? Typically Online mediation costs $500 per participant/hour. You must prepay the fee at least 7 days before the mediation and the fee is non-refundable. If the mediation looks like it will take more than four hours, each participant will be charged for another 4 hour block. Upon scheduling an online mediation, you will receive an invoice and an Agreement to Mediate that you must sign and return. e-Court charges are explained on page costs Does my lawyer need to participate? Whether your lawyer participates in the mediation is your decision, and your lawyer is always welcome. However, for the purposes of fairness, every party should be informed well before the mediation if one or more parties intends to have a lawyer participate. Lawyers may participate from their locations, which may be another cost-savings to you. Always consult with your lawyer before making any important life decision. The mediator does not give legal advice. The Mediation What actually happens in mediation? The following information is provided to demystify the process and assist you in your preparations. The procedures discussed herein are those normally followed in a dispute that is mediated through the auspices of e-Court. Mediation can be described as an assisted negotiation. The mediator is neutral and has no bias against any of the parties or their positions. He/she is the facilitator who assists the parties in reaching an agreement that is acceptable to them. The agreement is not imposed upon the parties; it is reached through the facilitated negotiation process typical of a mediation proceeding. Judges and arbitrators make decisions that are imposed on the parties. Mediators may be requested during the course of a mediation to provide their evaluation of the probable outcome of a dispute were it to be litigated or arbitrated. If there is such an evaluation, it is done at the request of the parties but is not binding upon them unless they request and agree to it. The formal procedures found in court or arbitration proceedings are not present in mediation proceedings. There are no rules of evidence or set procedures for the presentation of facts or positions. Before mediation commences, the parties and the mediator agree upon the procedures that will be followed. It is the party's proceeding; they can fashion it in any way that makes sense to them and the mediator. This absence of formality provides for open discussion of the issues and allows the free interchange of ideas. Thus, it becomes easier to determine the interests of the parties and to fashion a solution that satisfies those interests. The Mediators The mediator is an invaluable neutral resource to all participants in the mediation process. Lawyers, insurance professionals and their clients use the knowledge and skills of a neutral mediator to plan negotiation strategies and develop options for settlement. The mediator keeps the process focused and moving forward. Neutrals at e-Court, which include lawyers, former judges, psychologists, and others, are highly trained, experienced professionals. They receive mediation training in the classroom and by observing experienced mediators in the mediation process. Our mediators are chosen because of their training and experience.Their biographies are available via e-Court First Class Mediators. The parties jointly pick the neutral that they wish to use in the mediation proceeding. On occasion they will interview one or more of the neutrals before making their choice. They frequently check references before deciding on a particular neutral. The Preliminary Meeting In most cases, the mediator will meet with the parties and/or their representatives prior to the joint mediation session. Sometimes, for the sake of convenience, a conference call substitutes for the initial meeting. This initial meeting or conference call provides: * An introduction to the participants and the mediation process. * An opportunity to discuss issues affecting settlement which are important for the mediator to know in advance * An opportunity to determine what information would be helpful for the mediator to have at or in advance of the mediation. * An appropriate time to discuss any concerns a party might have about the mediation and his/her role in the process. The Joint Meeting When all of the procedures have been agreed to and a mediation agreement has been signed, the mediation session or sessions are scheduled. The mediation normally commences with a joint conference among all of the parties and their counsel. The joint session provides an opportunity for each participant, either directly or through counsel, to express their view of the case to the other participants and how they would like to approach settlement. The opening statements are intended to begin the settlement process, not to be adversarial or a restatement of positions. This session may last anywhere from a few minutes to many hours depending on the number of participants and the complexity of the issues. The mediator will let you know in advance how to prepare for this session. Mediation is a voluntary, non-binding process using a neutral third party to help the parties reach a mutually beneficial resolution of their dispute. A mediator helps the parties reach a resolution by facilitating communication, promoting understanding, assisting them in identifying and exploring issues, interests and possible bases for agreement, and in some matters, helping parties evaluate the likely outcome in court or arbitration if they cannot reach settlement through mediation. The mediator will often act as "devil's advocate" in these sessions to explore how realistic the positions of the participants are and what is possible considering the no agreement alternative. The mediator often assists parties to prioritize interests and options for settlement and to assess the relative strengths and weaknesses of positions. Once settlement is achieved, the mediator will record it for signature immediately to prevent second thoughts from destroying a good agreement. Evaluation by the Mediator Most mediations commence with the mediator as a facilitator, not an evaluator. An early evaluation by a mediator often destroys his/her effectiveness to act as a neutral. When appropriate, and in consultation with the participants, mediators will provide a formal or informal evaluation and analysis of the case, to focus on strengths and weaknesses, likely outcome at trial, and value of the case. Quite often, risk analysis tools are used in the evaluative process. A mediator's evaluation is simply that and nothing more; it is not binding upon the parties unless the parties agree to the contrary. Follow Up In some cases, telephone conferences occur following mediation sessions if no agreement has yet been reached. Sometimes, further information is required for the process to continue or additional people may need to be involved in the decision making process. Agreement The mediator will work with counsel to finalize a settlement agreement and determine the procedures necessary for implementation. The mediator is available to provide assistance throughout the process. Summary If you have any further questions about the mediation process or about e-Court, you are welcome to contact any of our offices to speak with a case manager. We welcome your questions. We also suggest that you (re)visit the following pages : Intro Features About us What to Expect Pricing Did you complete our survey ?
What is online mediation? Online mediation is the process of resolving conflicts through the use of Internet video conferencing managed by the mediator. e-Court offers world-class mediation services through the Internet when travel, time, and cost constraints make face-to-face mediation difficult.
Why use online mediation services? You want to consider using online mediation services when: You live far away from urban areas where mediators tend to be located. You want a first class mediator, but don’t want the expense of traveling. You want the privacy of your home or office rather than a law firm conference room. You want the flexibility to mediate on your schedule. You truly desire to save money, time, and frustration through mediation. The other side is willing to save money and participate online. You have a family problem such as a fight over an estate, trust, or will, a dispute over money, difficult arguments with your siblings. You want to resolve a dispute without filing a lawsuit. Your lawyer recommends online mediation as a cost-effective way of settling a lawsuit or dispute that could end up in a lawsuit.
How does online mediation work? Mediation consists of calming down strong emotions then helping everyone negotiate a resolution that makes sense. Online mediation accomplishes this through video conferencing instead of face-to-face meetings. In many cases, the time and cost savings and the convenience to you outweighs the benefits of sitting across a table with a mediator in a far-away city.
What are the technology requirements for online mediation? All of the parties must: Have reasonably fast Internet access that can support video conferencing such as Skype or Zoom. Have a computer or tablet that is not much more than 3 years old. Have a modern web browser installed and working. Have a place at home or at work that is private with Internet access.
How long does an online mediation last? Like traditional mediation, an online mediation can last anywhere from a few hours to several days. The advantage of online mediation is that it can be scheduled in blocks of time for your convenience. Since you are not traveling, the online mediation process can be much more flexible.
How much does an online mediation cost? Typically Online mediation costs $500 per participant/hour. You must prepay the fee at least 7 days before the mediation and the fee is non-refundable. If the mediation looks like it will take more than four hours, each participant will be charged for another 4 hour block. Upon scheduling an online mediation, you will receive an invoice and an Agreement to Mediate that you must sign and return. e-Court charges are explained on page costs
Does my lawyer need to participate? Whether your lawyer participates in the mediation is your decision, and your lawyer is always welcome. However, for the purposes of fairness, every party should be informed well before the mediation if one or more parties intends to have a lawyer participate. Lawyers may participate from their locations, which may be another cost-savings to you. Always consult with your lawyer before making any important life decision. The mediator does not give legal advice.
GENERAL INFORMATION
