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Mediation is a confidential and informal negotiation process in which an impartial third party, a mediator, facilitates settlement discussions between disputing parties. Any settlement is voluntary. Unlike a judge in a trial, or an arbitrator in arbitration, the mediator does not impose a decision upon the parties. In a mediation, the parties themselves decide whether or how to settle the dispute.
Upon all parties accepting to Mediate, we are offering Mediation through Zoom. As with personal mediation, each party will have an opportunity to speek in private as the opposite party(s) is put into a virtual hold through the Zoom capabilities, thus still allowing confidentiality. Cost for Mediation is $150 per hour for a minimum of a two hour session. All parties are asked to split the cost for Mediation.
March 2020. At first, I thought — we all thought — mediations will have to be put on hold until we can do them “in person.” It quickly became apparent that doing anything in person would involve risk and adhering to stringent protocols. The courts were on hold, and if the practice of law were to continue, the litigation world could not remain on hold too. We couldn’t wait around for everything to get back to “normal” in the courts.
Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party.
With the rise in mediation comes the increased risk that participants will engage in dishonest behavior to obtain a favorable resolution. The latitude to craft a narrative without meaningful checks on the truth creates opportunities for lies to infiltrate the mediation process.