on the day of the Pre-Trial Conference or anytime prior to the Trial date
by scheduling in advance of, or pursuant to, a formal complaint being filed with the Court
Mediation requires the consent of all parties to proceed.
The mediator helps the parties to identify the issues and explore possible options for agreement and resolution.
All parties will be given ample time to tell their side of the story and have their concerns heard.
The mediator may meet with the parties separately to discuss individual concerns in a confidential setting.
Initial fee covers the first 2 hours of the mediator’s time and is paid by both parties. Most mediations are concluded within 2 to 3 hours.
When a settlement is reached, unless requested otherwise by the parties, a written Memorandum of Understanding or Stipulation is prepared.
Both parties approve any resolution, agreements are signed by the parties and their counsel (if any).
If no agreement is reached during mediation, the parties will proceed with their Trial for a judicial decision, with all mediation related communication and discussions remaining fully confidential and not subject to discovery or review during the Trial itself.
If no court case is pending, the parties can enter into a written and signed agreement. This agreement may later be enforceable by a court.