Justice for All, LLC

Structure.

In order for mediations to be effective, it’s important that certain rules are fully understood and appreciated by both parties.

Before Mediation.

If both parties involved have already agreed to mediate, just contact us to arrange dates, times, and locations.

If you require help in obtaining the agreement of other parties or individuals to mediate, send us the name, address, and telephone number of the other party whose participation is necessary for a comprehensive resolution.

It’s important to keep in mind that those individuals present at mediation are the parties primarily involved in the matter and have legal authority to produce lasting negotiations.

It’s also key that any and all information that needs to be exchanged in advance of the mediation is provided with sufficient time for dissemination. If one party is unprepared or does not have necessary materials they may want to discuss, it takes longer for everyone involved and may disrupt the process.

Beginnings.

When the mediation begins and both parties involved are together, we begin with a brief opening, and introduce the Agreement to Mediate. This document goes over the expectations involved in the process and sets the stage for working negotiations and sharing of perspectives.

Both parties and participants involved should be prepared to briefly summarize their perspectives as clearly as possible.

Caucuses.

At some point in the mediation process, the mediator may request individual private meetings between each party, which are called caucuses. In a caucus, each party gets to discuss confidential information that may help toward building a resolution agreement or aid toward negotiation. Each party gets to decide what information (if any) they wish to be discussed with the other party involved, and can feel free to discuss any and all relevant information with strict confidentiality and privacy.

If a resolution isn’t reached in the first mediation session, those involved usually agree to meet again until a mutually-acceptable settlement can be agreed upon.

Since both parties involved in the mediation have an active hand in reaching a resolution they can both be comfortable with, agreements reached in mediation typically last longer than those conditions forced upon them by a court. Also, once an agreement in mediation is reached and finalized in writing, it can then be taken to lawyers to be made into legally binding contracts, or entered into official court record and kept as documentation of agreement reached, or kept for future reference.