Mediation
We offer third party mediator services
when you are ready to come to the table.
The service of mediation is for parties who want to resolve their dispute in good faith and want to get out of a situation that causes frustration and financial problems without the costs and time of litigation.
What is Mediation?
Mediation is a type of conflict resolution that is an alternative to litigation. It is used for individuals and organizations who want to resolve disputes collaboratively, confidentially, and out of court.
If one of our attorneys is serving as a mediator for your mediation, they will not be representing either party. Instead, for the mediation they will maintain neutrality.
What is The Role of the Mediator?
A mediator is an impartial/neutral third party. Their role is to review the matter, provide a forum for the mediation, and to guide the parties through the process. While they help the parties reach a mutually agreed to resolution, the mediator (unlike an arbitrator) does not make final decisions for the parties. It is them who must ultimately agree to settle the dispute or not.
How Do I Know If Mediation Is An Option for Me/My Organization?
If you have a mediation clause requirement in your contract, before either party sues the other party in court, mediation is required. Or, if you don’t have a clause like this, the parties can mutually agree to mediate as a dispute resolution method.
What things are needed in order to begin mediation?
✤ All parties are willingly ready to discuss
✤ A payment method has been decided, and the first payment made. Sometimes groups need to discuss this initial payment, and they may decide to split costs 50/50 or another way depending on the circumstance.
We have a two hour minimum with payment required before we get started. Every situation is different: some require more preparation, others more communication time.
Services We Offer:
We Serve As The Neutral Mediator
✤ One of our attorneys acts as a neutral third party mediator (not representing either party) who prepares for and conducts the mediation
✤ 2 hour minimum. Document editing or drafting (ie. mediation settlement agreement) is billed separate and quoted based on need.
We Serve As The Attorney Representing You in a Mediation
✤ One of our attorneys represents you during the mediation process that is facilitated by a mediator not from our firm. This service would involve review of the matter and related documents, preparation for the mediation session(s), presence and advice during the mediation session(s), and a review/discussion regarding final agreements between parties.
✤ 2 hour minimum. Document editing or drafting (ie. mediation settlement agreement) is billed separate and quoted based on need.
We Facilitate a Community Meeting or Town Hall Event
✤ We facilitate one or several meetings about a pressing issue in the client’s preferred format. We make sure all involved are heard, all pieces are discussed, and the process flows as we work towards resolution.
✤ 2 hour minimum. Document editing or drafting (ie. community benefit agreement) is billed separate and quoted based on need.
We Facilitate a Board Meeting for a Nonprofit or For-Profit Corporation
✤ We make sure the meeting follows legal organizational compliance rules. We can be a fly on the wall and there if needed. Or, we can discuss ordinary meeting agenda matters and guide the process so it flows. Or, we can discuss specific, pinpointed issues of concern to the organization.
✤ 2 hour minimum. Document editing or drafting (ie. bylaw revisions/new bylaws or organizational policy additions) are billed separate and quoted based on need.
We Conduct a Mediation/Conflict Resolution Training for Your Organization
✤ Youth conflict resolution or anti-bullying training/presentation
✤ Workplace or HR department related conflict resolution/mediation training/presentation
✤ Nonprofit or community organization multi-part conflict resolution/mediation training/presentation
✤ 2 hour minimum
What Does the Pre-Mediation Process Look Like? Generally…
Potential or current client contacts our firm and completes a submission here.
We review the submission, run an internal conflict check, and assign one of our attorneys to the potential or current client.
The assigned attorney and the potential or current client meet for a 30 minute no cost service consult to assess whether or not our firm can represent the client as the mediator (in a neutral capacity) or as their attorney (in a representative capacity).
The client (and the other party if appropriate) are given a scope of mediation services and how they will be billed. The client will sign our terms of representation.
What Does a Mediation Session Typically Look Like?
Once the mediation has been scheduled, the attorney serving as the mediator or as a representative of one of the parties will review any and all documents and communications between the parties in order to understand the context of the dispute.
A two hour or more mediation session will occur.
The mediator (whether us or another) will set the ground rules for the mediation.
The parties will each present their position and interests related to the dispute.
The mediator will assist the parties in facilitating communication, summarizing progress made, finding common interests, developing understanding among those present, and setting forth goals that should be achieved.
The mediator will assist in facilitating negotiations, reality testing (asking what happens should the parties not resolve the issues in the mediation), and potentially suggesting creative solutions that may work for the parties.
If needed, an additional mediation session will be scheduled.
If not needed, the parties will discuss agreed to terms.
The mediator or one of the attorneys of the represented parties will draft a confidential, private party settlement agreement for the parties.
Ready to Get Started?
To begin, please fill out a contact form and indicate you are interested in mediation services.
Additional Service Information:
✤ There is no cost for an initial 30 minute consultation to learn more about the firm and our services and to determine which service(s) may be needed.
✤ Offering any of the above services will require that there are no internal conflicts. For example, if one of our attorneys serves a mediator and cannot become neutral
✤ Hourly fees apply to reading/reviewing documents, preparation for the mediation, preparation and/or drafting relating to documents, and other related services
✤ Fees for any of these services are due regardless of the outcome of the mediation (ie. whether or not it results in an agreement or what the agreement terms and conditions agreed upon end up being)
✤ We have an hour document review minimum and a two hour mediation session minimum for each mediation service. For some clients these may suffice. For others, more time/billing may be needed beyond these minimums.
✤ Fees for mediation, facilitation, and similar services do not include additional expenses for travel, parking, lodging, meals, fees for facilities, fees for equipment rental, or other event-related costs. Reasonable expenses relating to these services will be reimbursed by the client.
Looking for other services?
Visit our complete list of services to learn about all the legal services we offer!