We understand that each case is unique and provides a variety of challenges. However, there are a number of common questions and concerns with regards to mediation that we would like to address here.
Should you have any further questions, please feel free to call us at +1 949 667 0402
- Should I file a case in a court of law before going in for mediation?
No! You should think about mediation before filing a case. If you think the case is not worth filing in a court of law – legal hearings can cost a lot of money, time, and effort – it is better seek assistance from a mediator. Procuring the services of certified and trusted mediators, like those on the AMP mediation team, ensures a quick and cost-effective resolution of your conflict.
- Who should be the mediator – a retired judge or a practicing attorney?
A mediator can be a retired judge, an attorney, or a properly trained professional. The mediator’s success depends more on understanding business conflicts and their resolution than an academic degree in law. The key is using a neutral approach and implementing relationship-building skills. In fact, a judge or an attorney can turn mediation into a formal proceeding, causing delays and thus resulting in a more expensive solution. Our experience and expertise in handling business conflicts allow us to come up with effective and innovative conflict resolution methods.
- Is Mediation a mandatory process?
In the absence of a rule or contractual clause compelling the parties to mediate, instances of commercial cases, business disputes, and employment matters are often voluntarily mediated. Because the parties are often resolution-oriented and motivated to settle, they come in with a positive attitude, making the success rate very high for voluntary mediations.
- What happens if mediation does not lead to an agreement?
Sometimes mediation does not lead to an agreement that meets the expectations of both the parties, resulting in a failed effort. An agreement is deemed final only when both parties settle on it, and if a consensus cannot be reached. The option in such cases is to solve the conflict through litigation. However, mediation is a confidential process; therefore nothing discussed or arrived at during a mediation attempt can be considered evidence against one or the other party during litigation.
- Cost of mediation (and litigation)
The cost of litigation can be hundreds of thousands of dollars depending upon the complexity of the case. In addition, there can be a lot of stress involved in litigation. On the other hand, mediation typically lasts a day or two at the most, saving you a lot of time, effort, and money.
- How long is the mediation process?
Although most conflicts are resolved within a day through mediation, some more complex cases may require several days of mediation.
- What if one of the parties refuses to participate in the mediation attempt?
Mediation is possible only when all sides are open to it as a resolution tool and motivated to find a solution to the problem. If any of the parties is unwilling, arbitration or litigation is the more suitable option.
- Does a mediator give rulings or make decision?
No. A mediator only serves as a facilitator whose job is to encourage opposing parties to come to a negotiation table and discuss ways to resolve the conflict, then arrive at a solution that is mutually acceptable.
- Does a mediator provide suggestions?
A mediator is a neutral intermediary who is actively involved in the process of conflict resolution. In some cases, he or she can suggest solutions to facilitate the process of conflict resolution.
- Is a mediator required to be neutral?
Yes! Mediation is a conflict resolution method that seeks to provide justice to all parties involved. Thus, it is essential for a mediator to abstain from choosing sides, maintain neutrality throughout the process, and listen to the views of both sides to try and guide them towards a mutually acceptable solution.
- How can the role of a mediator be described?
A mediator plays the role of the facilitator, encouraging opposing parties to come to a negotiation table and examine potential solutions for resolving their differences. Experience and personality are essential in guiding the disagreeing parties to cooperate and find a mutually acceptable solution.
- Are the results of the mediation process binding?
Even though each party involved in a conflict agrees to take part in mediation, they are not obligated to accept a solution suggested by the mediator. The mediator cannot impose a decision on the parties in a conflict. But if the parties agree on a solution, and also desire to make it a binding decision, the mediator can use the appropriate terminology to make it a binding solution.
- Where are the sessions held?
Typically, the mediator will suggest a venue for the process that is convenient for both parties. In cases where parties cannot travel, mediation can be conducted via the use of online tools like video conference calls.
- How is mediation different from arbitration?
Arbitration is more closely related to litigation in the sense that the proceedings tend to be more formal and the solution is binding. On the other hand, mediation is an informal conflict resolution method that is not binding upon the participating parties. The outcome in an arbitration case is suggested by the arbitrator, whereas in mediation, the outcome is a result of cooperation and compromise between the parties. A mediator can only facilitate the process, whereas an arbitrator can recommend a solution.
- Why AMP mediation?
The AMP Mediation team has over 30 years of experience in business settings, promoting cooperation and resolving disputes between various parties. Our expertise also spans across cultures and languages, which enables us to successfully tackle both domestic and international business disputes.
- What steps should I take to start the mediation process?
If you think you may be able to benefit from our services, you can call or email us to explain the nature of your dispute. AMP mediation provides a complimentary consultation to determine whether the case is eligible for mediation or not. All you have to do is contact us.
Should you have any additional questions not addressed here, please feel free to call us at +1 949 667 0402