Mediation

What is Mediation

Mediation is a form of facilitated negotiation in which an impartial third party attempts to help disputing parties reach a mutual satisfactory solution to their differences. It is private, economical, fast, informational and confidential.


Benefits of Mediation

  • Mediation is confidential
  • Mediation is conducted in a safe and private environment
  • Parties control the outcome in a cost effective manner
  • Resolves disputes faster than going trial
  • Avoid unpredictable Court rulings, consequences and impacts.

 


Case Process

  • Courts or parties may refer a case to CMS℠ for mediation.
  • All parties must agree to meet in order to proceed with a mediation.
  • Mediations may take place:
    • on the same day referred court (“on-site” mediations)
    • pre-scheduled days by the parties
    • prior to the case being filed.
  • Usually fees are split between the parties, initial fee covers the first 2 hours of mediation. Most mediations resolved within 2 hours.
  • Many cases are assigned a team of co-mediators, or a single experienced mediator.
  • Both parties will have equivalent time to tell their side of the story.
  • The mediator helps identify the issues and look at possible options for agreement. The mediator may meet with the parties separately to discuss issues in a one-on-one discussion.
  • When a settlement has been reached, a written Resolution Agreement or Stipulation is prepared.
  • Both parties approve any resolution, agreements are signed by the parties and their counsel (if any).
  • If a court case is pending, the agreement will be reviewed and approved by the Court.
  • If the case has already been filed in Court, and no resolution is reached, the parties return to Court for a judicial resolution of the matter .
  • If no court case has been filed, the parties can enter into an agreement and then may decide to go to court in the future if the agreement is not complied with by a person who has signed it.

Our Mediators

Our mediators have a wide range of backgrounds, drawing from a variety of professions, and those who have extensive knowledge, skill and abilities.

All are required to have completed:
A 40 hour mediation training program with completion certificate, and
A minimum of a Bachelor’s Degree from an accredited college or university,
Pass a background check, and
Specified training, Supervision, and
Other requirements before they mediate for CMS.