Top Ten Mediation Checklist

Top Ten Mediation Checklist

The quality of mediation firms vary widely as the conflicts that they encounter. In challenging matters, the most advanced mediators develop comprehensive, dynamic alternatives, produce results in specific time frames, and guarantee your satisfaction.

  • 1.  Do they really stand behind their services and offer a Money Back Guarantee?
  • 2.  What is the mediator’s experience and practice?
  • 3.   References from businesses individuals, family businesses, defendants, plaintiffs  and counsel?
  • 4.   Are  mediators  approved by U.S. government ?
  • 5.   Do the mediators have a specific Degree in Mediation?
  • 6. Or just a 40 hour trainings, and a few courses?
  • 7. Part time or full Time mediator or some other profession?
  • 8. Do they charge for travel time, will they work at your office, are their offices convenient?
  • 9. Do they offer a free initial consultation?
  • 10. Are they Insured ?

TOP 10 Mediation Questions and Answers

Q 1. Are mediation settlements binding and enforceable, isn’t mediation voluntary? 

A1:Yes the process of mediation itself is voluntary. However when we reach a settlement agreement, which we almost always do, that agreement becomes a contract.  In writing, our agreements  have the same legal protections as any other contract.

Q2. Do both sides need to agree to mediate the case? What about in a family business conflict?

A2: Usually, yes. In family business matters with many different family members, not all sides may initially agree but often come on board as the process is shown to be neutral and helpful to both the family and the business.

However, in a 2 party case, yes, order to effectively mediate, both sides have to be willing to try one session, If they are not satisfied, there is no cost or obligation to continue. After the first session, the parties can decide to work together in the same room with the mediator (group sessions) or work separately and privately (private sessions), with the mediator if they so chose.

Q3. Should I get the agreement in writing?

A3: Yes whenever possible in writing helps to avoid any future misunderstandings.

Q4. Do I need a lawyer?

A4: No. Lawyers are not required to successfully mediate a case. If you want a lawyer, that is completely your decision. If you feel more comfortable with counsel, you should retain a lawyer. Many people have lawyers, many people do not, especially in family business mediations.

Q5. What if one side has a lawyer and I do not?

A5: While not required, some people prefer also to have another lawyer, to balance the legal representation on both sides.

Q6. Are you saying that I should not get a lawyer?

A6: No, absolutely not. That is a choice, that you must make on your own, or with colleagues, family, or counsel, based on your approach to your case.

Q7: Can I begin a mediation without a lawyer and then hire one if I think necessary?

A7: Yes, that is always your option at any time throughout the process.

Q8. What is the basic difference between a mediation and litigation?

A8: In its most basic sense, you get to participate in the actual resolution and decision making process. In court, a judge or a jury get to decide (some people after a trial think that ‘guess’ is the more appropriate term) if you are right or wrong, good or bad. If you are not satisfied with the outcome you are stuck with it, whether you like it or not. However, in mediation, you get two bites at the apple, if you do not like the outcome, you do not have to take it. Next you can always go to court and take your chances there.

Q9: What if I start the process and don’t like it or think that it is working for me?

A9: You can stop the process at any time.

Q10. Are most matters able to be mediated? What about deeply personal family business matters?

A10: Yes, almost all matters are able to be mediated. Family business mediation is usually most effective, as serious communication issues and conflicts have existed for years and affect both the business and family relationships. They can be most helped by a neutral mediation expert, from outside the family, preferably someone who has already owned or operated a family business themselves.

The more difficult the case, normally the more experienced mediator that you may need. We offer a free initial consultation to determine the suitability of you case for mediation versus litigation.

N.B. This will never be a complete list. Other mediators without all of these qualifications may still be help to you. More serious cases may require more experience and qualifications. In  less serious cases these factors  may not be as important. These are some of the concerns that people have thought to be important. They are not requirements, only suggestions. These are not a guarantees of good service or  a successful outcomes. Mediators who do not work for Alternative Law may choose to practice differently and have significantly different results and do not offer 100% money back guarantee.

  • Many  clients, mediators, and bloggers have  posed some other simple questions:
  • Why would anyone hire a  doctor, a  lawyer, or an engineer without a degree?
  • Why would anyone hire a mediator without a mediation degree?
  • Why do these professionals have such an impact on your life, job and family?
  • Must they have all the necessary experience and qualifications to perform at a very high level?
  • Why do other companies not offer a 100% money back guarantee?
  • What other companies will work in your own office environment?
  • Why do other companies charge for travel time?
  • Have these mediators been involved in family business their whole lives or careers?
  • Do they provide executive coaching, strategic planning, and ongoing trainings ?
  • Have these companies ever developed such unique award winning systems as Best Ideas Win?
  • These items are  just  starting, talking, or reference points for decision making.

ALTERNATIVE LAW MEDIATION RESULTS (More information)

Mediation has an excellent success rate. Now the the U.S.Government Agencies, state and local governments and courts recommend it. Alternative Law Mediation Results processes produces some of the best  results in the country for businesses and individuals.

Mediation matters for the individuals and business people  involved on a very personal and professional level. In general mediation is a good process, as participants in general  settling over 72% of cases, without going to court.

One of the many clear and measurable differences with Alternative Law Mediation Results  is that our mediation processes are so effective that we settle over 90% of our cases.What makes us different from most other firms in the country is that we actually have mediators with 4 year degrees in mediation and masters degrees in Dispute Resolution. Mediation is their chosen field of study and their career. It is their specialty, it is ours too. We do not have mediators who have just taken a couple of 40 hour courses. In addition like some other firms,we also have  degreed lawyers, former judges, counselors, and other specifically trained professionals as part of our teams. Mediation is not a part time job, not a job to do when you are not doing your chosen career. Our mediators require a full time commitment. Most can not practice law part time or mediation part time.

That is why we are approved and recommended by  the federal government, hundreds of businesses and individuals  of all types,  plaintiffs and defense counsel across America. This is all we do, mediation to get results.  We have also set the industry gold standard: your satisfaction is guaranteed or money back.
a strategic process process in which two or more people work with and an independent, highly trained neutral expert (mediator, attorney,or educator),to resolve serious conflicts without all of the cost and wasted time associated with a courtroom and litigation. The mediator helps the parties clearly define their issues and reach an agreement that is in the best interest of everyone involved.

Serious mediation is sometimes referred to as high level facilitated negotiation. Mediators can help negotiate the resolution of a dispute even under the most difficult circumstances the have lasted for years. However, it is never a simple or easy process when your assets or important aspects of your own life, business, or family are embroiled in intense controversy.

Many times there are very strong and emotional feelings between people, sometimes justified and sometimes not, which makes them unable to effectively communicate with each other. The mediator can help restore, adjust and reopen those lines of communication, and help resolve the conflict. At ALTERNATIVE LAW we assist our clients in developing creative, alternative solutions and multiple options that will work in the short term and withstand the test of time.

Ultimately, we believe that the best ideas win and it emerges from effectively combining the ideas of all the interested parties and crafting a unique solution to their issues. The agreement must be both mutually acceptable and the resolution must clearly address each party’s particular concerns.

Nationwide, depending upon the location, mediation has about 58% success and satisfaction level, which is higher than most other  systems. While our rate at ALTERNATIVE LAW is almost 90%, there are no guarantees of complete settlement, as that would be unethical, improper and frankly impossible. However your odds of reaching a settlement are very good. Mediation makes sense personally, professionally, and economically for all parties involved. Also, at Alternative Law, if you are not satisfied with our services you are entitled to your money back after attending one to three sessions. After the third session it is presumed that you are satisfied.

The business of life is getting harder every day. The toll, time, and expense it takes on lawyers, judges and most importantly, you, the client, is an exhausting fact of life for us all. Let  Alternative Law get Mediation Results work for you now so you can advance. Alternative Law Mediation Results’ processes get measurable outcomes in a defined  time-frame,  settling your case and bringing closure to your business or family dispute.

Resolution allows you to focus on  the more productive areas of your life, your family and your company. Our techniques  create and combine the latest  theories and best practices, with decades of real world experience and current trends. Remember your satisfaction is guaranteed.

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