Top Ten Mediation Questions and Answers

TOP 10 Mediation Questions for Business and Family Businesses

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

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.

2. Do both sides need to agree to mediate the case?

Yes. In 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 or work separately and privately with the mediator if they so chose.

3. Should I get the agreement in writing?

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

4. Do I need a lawyer?

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

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

While not required, some people prefer to have one to balance the legal representation on both sides.

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

No, that is a choice, that you must make on your own, based on your approach to your case.

7. Can I begin a mediation without a lawyer and then hire one if I think necessary?

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

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

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 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. You can always go to court and take your chances there.

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

You can stop the process at any time.

10. Are most cases able to be mediated?

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

This is not meant to be a complete list, just a starting point.

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 difficult or serious cases these factors may not be as important. These are some of the factors that people have thought to be important. They are not requirements, only suggestions.They are not a guarantees of good service or successful outcomes.

Others clients and bloggers have asked have other questions such as:

“Why would anyone hire a lawyer without a law degree?”
“So, why would anyone hire a mediator without a mediation degree?”

FAQ (Other Frequently Asked Questions)

Often times each side has a list of questions. What we have tried to outline some of the ones that we have heard before. If your question is not answered here, please email or call us and we will respond promptly to your request.

How long will it take?

Each dispute and case is unique in its own ways,and requires different needs and resources, as a result no estimate of time can be precise. However, we have a range for Divorce cases which average 7-10 sessions and commercial cases require a minimum of 4 hours. If you are eligible our complimentary introductory sessions are scheduled for one half hour.

What if I am not near one of your offices?

Alternative Law is a very flexible organization, with many centers locally owned and operated,for meeting clients across all 50 states.If our offices are not suitable or convenient, we can will arrange for a convenient meeting place with one of strategic partners for all concerned.

What does it cost?

Call for a free quote, 1.800.529.1516. Cost is a critical component in any professional service. People often chose mediation because they receive excellent service and only have to pay one mediator or one firm to settle their dispute, versus paying twice as much to other professionals. Our prices are case specific depending upon the number of the parties and the complexities of the case range from and the qualifications and experience of the mediator, with case prices beginning at $1000. We also offer a sliding scale to non-profits veterans, and those of limited means.

Please explain the money back guarantee.

Alternative Law guarantees that you will be satisfied with our services or your money back. We are the industry leader and the industry creator of this unique customer satisfaction policy. No one can guarantee that you will have a complete settlement in each and every case as that would be unethical and improper, however, we can guarantee that you will be satisfied with our services, whether or not you reach a settlement.

The resolution of conflicts through mediation and other Alternative Law and ADR, Alternative Dispute Resolution techniques is a very serious business. It requires a dedicated commitment of time and energy by all parties to make the process work and to produce effective results. As the problems are not easy to solve, the solutions are not simple. If we have not delivered the services that we have promised or you are not satisfied, after attending 3 sessions, you are entitled to receive your money back in full, we guarantee it.