What is mediation?
Mediation is a process where a mediator, like Mishty, facilitates communication between two or more disputing parties and helps them navigate the process to settle their disputes. The mediator is impartial and doesn’t provide a judgment or a ruling. The mediator’s job is to promote understanding and settlement. Because the process is collaborative, neither party can force the other to settle or agree. This allows the parties to not only be in control of their own destinies, but come up with their own solutions. That is why mediated settlements are more likely to work and last in many situations than court orders.
How does it work?
If a settlement is reached, it is written up into a mediated settlement agreement or MSA. An MSA functions as a legally enforceable contract. Mediations are confidential and material discovered during a mediation cannot be used in court. This confidentiality allows parties to be more free in their communications than they are in the adversarial litigation process.
What if it doesn’t Settle?
If a case doesn’t settle then there are basically 2 options. If the parties feel like they are close and just need more time, they can book another session. If the parties are just too far apart and settlement does not seem reasonably expected.
What types of cases do you mediate?
Mishty is experienced in mediating a wide variety of cases from divorce and custody issues to civil cases regarding contracts, insurance, personal injury, non-profits, etc. She has experience in all types and sizes of cases as well as working with parties that come from very diverse cultural, ethnic and religious backgrounds.
Want to know more?
Set up an appointment for a free informational meeting.