HOW IT WORKS
- Both parties agree to participate in a mediation, and we find a date and time that works for everyone to meet via Zoom. Once the date and time is established I send out a Zoom invite to all of the parties involved.
- I review any relevant documents and/or mediation statements you wish to prepare 72 hours before the scheduled mediation.
- On the day mediation is scheduled, we meet via Zoom (virtual video sharing tool), and we begin the formal mediation process.
- Initially, I meet with all the disputing parties together, in the same “Zoom” room. My approach is to keep parties together for the entirety of the mediation. This avoids me being a go-between and having one party wait, while I speak with the other party. However, if it is evident that separating parties is necessary or may help to make the mediation more efficient, I will work with the each party in separate break rooms. These are private and confidential “Zoom” rooms that allow me to talk to each party, one-on-one.
- We will meet for an initial block of 3 hours. Depending on the complexity of your dispute, I may arrange for a day long mediation, but I always break after 3 hours. For mediations to be successful parties need to be alert, and not stressed or tired. If we determine that the mediation will need more time, parties can agree to continue on that day, or we can schedule to meet again and continue the mediation.
- In a successful mediation, we will carefully define the terms of the agreement and formalize the resolution in writing. It is then signed by both parties, and everyone can go on their way and move on with their lives!
- I’m not here to waste anybody’s time or money. If it’s obvious from the beginning that the parties are unlikely to come to their own resolution with my guidance, then I will terminate my services so that the parties can proceed through the legal system with your dispute.
WHEN CAN YOU DECIDE TO MEDIATE?
- At any time before a judgment has been entered for a case.
- In many cases, a judge will recommend or even order mediation before parties appear in front of a judge to present their case.
- You can mediate even before you hire an attorney or file a legal complaint. In fact, the sooner you can engage in mediation and try to come up with a resolution, the more money you will save, and the quicker you will be able to move on with your life.
- However, if you’ve already taken legal action, I can help during any point in the litigation process, as long as it’s before trial.
- I recommend mediation for any disputing parties who are willing. So if you decide I’m not the mediator for you, I encourage you to look for someone else who you feel comfortable with mediating your dispute.
WHAT TYPES OF DISPUTES CAN BE MEDIATED?
- Almost any issue can be addressed in mediation, with the exception of criminal cases.
- It might be an unpaid bill, a dispute with a neighbor, co-worker, business partner, business owner, client, boss, employee, family member, ex-husband/wife, room-mate, property owner, dog-owner, vehicle owner, insurance representative, tenant, landlord, etcetera.
- If you are unsure if your dispute can proceed in mediation, please feel free to give me a call and I will quickly be able to determine if it’s appropriate to proceed.
- If I do not feel comfortable with the issues involved in your dispute, then I will recommend a mediator. Or I will consult with someone who specializes in that area of law, so that I can confidently proceed with an effective mediation.
- Personally, I do not mediate divorces or child custody issues. Nor any issue where animal abuse has occurred.
WHAT MEDIATION IS NOT.
- It is not the practice of law. The mediation process is not to give legal advice or an opportunity to get legal advice. While I am a licensed attorney, I will not give legal advice to either party or either party’s attorneys.
- I am not a Judge or an arbitrator. I will not make a binding decision for the parties.
- It is not guaranteed that mediation will end in resolution. That’s totally up to the disputing parties and their willingness to find a resolution. If no agreement is reached, the parties will leave and continue on at whatever stage of the legal process they are in.
- Mediation is absolutely confidential. Our meeting is not an opportunity to attack the opposing party or glean information that can be used in court or litigation at a later date. To this regard, everything that occurs in mediation is confidential and cannot be used in court, future negotiations or mediations. As a mediator, I cannot be a witness in a future proceeding to testify about what happened in mediation.
- What happens in a mediation stays in mediation. This is precisely why it’s generally an effective way to cut to the essence of the issue and get it resolved efficiently and without the formalities and costs of court.
*Legal Disclaimer: The use of the Internet or this form for communication with Zenith Resolutions does not establish an attorney-client relationship or an agreement to mediate. This site provides general information intended to be a starting point only by describing general aspects of the mediation process. It is important that you consult with an attorney with regard to your specific legal rights. Confidential or time-sensitive information should not be sent through this form.