How Does a Mediation Work?
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At some point in your case, you may be asked if you want to participate in mediation. It can be hard for people to think about this question without a basic understanding of how mediation works. Here are some basic elements of mediation that may help.
Mediation is voluntarily. This means you can agree or not agree to take part, but also that you are not bound by anything that happens in mediation unless you agree to it. Mediation is confidential. Neither you nor the other side can use anything said in mediation in trial if the case does not settle. Mediation is structured. It varies a little from mediator to mediator, but you will have a neutral mediator. Their job is not to decide who is right, but to help facilitate a settlement if possible. You will probably have one joint session where all parties and the mediator are present. Unless you do not have an attorney, you will not have to speak at this session. After that, the mediator will spend some time privately with each of the parties, and go back and forth until either an agreement is reached or one or more parties decides the session should end. Learn more here about mediation. |
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