Mediation is a powerful tool for resolving disputes efficiently and amicably, without the need for lengthy and costly litigation. At Webber Mediation Services, we strive to make this process as smooth and effective as possible. Here’s a step-by-step look at what you can expect when you choose mediation with us.

The Right Mediator

Choosing the right mediator is a critical step toward a successful resolution. At Webber Mediation Services, we understand our experience may not fit the specific needs of your dispute.

We encourage you to reach out to us and discuss your situation to assess how best we can serve you. During this consultation, we’ll explore:

• Your Specific Needs: Understanding the unique aspects of your dispute to ensure our services are a perfect fit.
• Our Mediation Process: Explaining how mediation works, what you can expect during the process, and how we handle confidentiality and negotiation.
• Potential Outcomes: Discussing what outcomes you can realistically expect and how we can help you achieve your goals.

The Mediation Process Explained

The mediation process has been developed to allow parties in conflict to resolve their differences with minimal expense and in a manner that is often more efficient and far less expensive than a trial in a court of law. In mediation, a neutral third person, referred to as a mediator, encourages and facilitates the resolution of the dispute in an informal, non-adversarial manner.

The mediator is not a judge and has no power to command a settlement or make a decision on a winner or loser. The mediator facilitates each party presenting their case and then, through the use of mediation skills, helps the parties reach a satisfactory settlement. The parties decide, with their counsel’s advice, whether a settlement is in their best interest. Mediation is an effective means of allowing the parties to control their destinies without relinquishing these decisions to a judge or jury. A mediation settlement provides the parties to a dispute with (1) a guaranteed result, (2) no risk of an adverse decision at a trial, and (3) closure of the matter.

If all parties to the dispute agree to a settlement, this agreement will be reduced to a written agreement, signed by all parties, their counsel, and sometimes the mediator. This is a binding contract. If the parties cannot or do not agree to the terms of a settlement, they may either agree to a postponement or request the mediator to declare the mediation at an impasse, meaning simply that the parties cannot agree to resolve the dispute through mediation.

What Happens When We Get There?

The parties will meet at an agreed-upon location where the mediator will explain the basics of the procedure to all present. Each counsel for the parties has the right to present an opening statement about their client’s position. A party also, should he or she wish, may address issues at this time. After opening statements, they may continue to meet as a group or, if more effective, break into separate groups referred to as “caucuses.” The mediator will meet with each group privately and then may withdraw and meet with another caucus group. They may at some time rejoin as a group if beneficial to the mediation process. If the parties agree to a settlement, or if the mediation does not result in a settlement at the end of the mediation, they will meet as a group to sign the settlement agreement or to adjourn because an impasse was reached.

What Rules Govern Mediators?

There are many rules which govern mediators, but the principal rule is that the mediator must remain neutral to all parties. You may tell the mediator confidential information that will never be revealed to the other party or parties unless you specifically authorize such disclosure. At times, it is invaluable that information be disclosed to the mediator, and with the concurrence of your counsel, be revealed to the other party to convince them that settlement is in their best interests. As stated before, nothing said within the context of a mediation is admissible in a subsequent court proceeding. All parties are bound by this rule of confidentiality. Further, the mediator is required to determine if there is a potential conflict of interest prior to the mediation. Under certain circumstances, a mediator is prohibited from doing mediation because the situation creates the appearance of a lack of impartiality.

What to Expect from Us

Mediation at Webber Mediation Services is designed to be an efficient and effective way to resolve disputes. By choosing the right mediator and understanding the process, you can achieve a satisfactory resolution that saves time, reduces costs, and preserves relationships. We invite you to reach out to us and discover how we can assist you with your mediation needs.

For more information, visit our website at www.webbermediation.com or contact us directly to schedule a consultation. Let us help you navigate the path to resolution with confidence and ease.