6/25/2017

MoneyMatters101.com Home
Information about the law

Abandoned Property
Adulthood
Bail Bondsman
Consumer Scams
Contracts
District Attorney
Domestic Violence
Elder Abuse
Garnishments
Going To Court
If A Minor Is Arrested
If I Get Arrested
Mediation
Misdemeanor
On The Job Injuries
Public Defender
Small Claims Court
The Jury
The Law
The Trial
What Is A Felony?
What Is Fraud?

Links

Email Us

Effective Leadership
Family/Medical Leave
Why Gas Is High

MoneyMatters101



Mediation

There are times when legal disputes can be settled fairly without going to court.

Mediation is a form of dispute resolution that is used when two or more parties cannot resolve their differences and agree to use an independent third party to arbitrate the dispute instead of taking the issue to court. Mediation is usually of a shorter duration, less costly, and can often be resolved successfully out of court.

Either party in the dispute can initiate the mediation process by asking the other party to participate. In such cases, the mediator agrees to meet with the disputing parties, together and individually, and try to encourage a voluntary settlement in an unbiased, non-coercive manner.

Since mediation is an informal process, there are usually no set rules or regulations, except those set by the mediator. Though not always required to be licensed, mediators should be professionally trained and experienced in the subject area of the dispute. A good mediator is able to recognize if the parties involved in the dispute cannot agree to mediation and suggest court action.

Mediation should be confidential and in most cases, the parties are required to sign confidentiality agreements and the information obtained should not be able to be used in subsequent court actions if a binding settlement is not reached.

The costs of mediating varies. It depends on who is chosen to do the mediation. If the mediation is done through a sponsored program, the costs may be minimal or free. Private mediators set their own rates, usually at a certain dollar amount per hour with a minimum number of hours required.

Fees are paid depending on the agreement between the parties. If there is an arbitration clause written into a contract and both parties initial it or agree to it in writing, the costs to mediate are often split 50/50. Each party can retain legal council to sit in on the mediation but they will have to pay the additional costs for their own attorney.

Mediators and mediation service referrals can be obtained through local courts, bar associations, a state's Department of Real Estate, local Boards of Realtors, a state's Department of Consumer Affairs, and other government agencies.

Book of the Month

Book about investing

Advertise on MoneyMatters101.com

 

Share


Accessibility Policy| Terms Of Use| Privacy Policy| Advertise with Us| Contact Us

Use of this web site constitutes acceptance of the Terms of Use.

We are looking to create more mutually beneficial partnerships. If you are interested in partnering with MoneyMatters101.com, send us your proposal.

MoneyMatters101.com™

Link to MoneyMatters101.com