Mediation starts with an explanation of the process and the ground rules. All parties are given the opportunity to be heard on all issues. The mediator’s role is to help the parties define the issues. Once all of the issues have been explored, the mediator looks for areas of common interest and then helps the parties build options for resolution.
If they are able to come to agreement, the parties, through the mediator, will draft an agreement together before the end of the session. This way, all parties leave with a clear understanding of what they have accomplished.
Mediation is voluntary. While the parties are asked to come to mediation in good faith and give it their best efforts, they are free to leave the mediation at any time.
A mediator is a neutral party with no stake in the outcome of the proceeding. The mediator creates a positive, trusting environment, allowing the parties to comfortably explore the issues they feel need to be resolved. The mediator does not make decisions or come up with solutions, but rather facilitates the discussion in order to allow the parties to do so. This is done by establishing a process for the discussion. Thus, while the mediator guides the process, the parties have control over the content.
Mediation is a great way to explore an issue in a non-adversarial way. Among the many reasons to choose mediation over other ways to resolve conflict (such as those involving attorneys and courts):
Be Heard: Mediation is informal and the parties are given ample opportunity to be heard. Other dispute resolution processes, such as court, are far more structured. Parties often do not have the opportunity to speak unless it is through an advocate, such as an attorney.
Preserve Relationships: Mediation allows parties who have an ongoing relationship to preserve it by having a discussion rather than an adversarial proceeding.
Confidentiality: Mediation is confidential, whereas other forms of dispute resolution, such as court, are not. In Nevada, confidentiality in mediation is so important that a mediator cannot be subpoenaed to testify in any judicial hearing. Additionally, the mediator destroys all notes directly after the mediation. The only exceptions to confidentiality involve child or elder abuse, or actual or threatened criminal acts.
Flexibility: Mediation offers multiple and flexible possibilities for resolving a dispute and allows parties to have control over the resolution. As a result, the parties “own” the solution.
The mediation can be held at my office, a place of business or your kitchen table, if you prefer.
Mediation fees are per hour and vary depending on the complexity of the dispute. Many matters (excluding divorce) can be mediated in 3-4 hours. Crowley Mediation takes many forms of payment, including credit cards, PayPal and Venmo.
The cost for mediation can be paid by one person or can be split among the parties.