Vic Buchanon > FAQs
What is mediation?

Mediation is a part of alternative dispute resolution (ADR), wherein disputes/conflicts are resolved out of the court. It involves a step-by-step interactive process in which a neutral mediator uses specialized communication skills to help conflicting parties resolve their dispute through negotiations. 

What does a mediator do?

Unlike in arbitration, a mediator does not make decisions for the parties, pass opinions on the merits of a case, or determine what is “right” or “fair.” Instead, a mediator tries to bridge the opposing interests of the parties involved and attempts to facilitate a negotiated settlement between them.
A mediator also guides and moderates the negotiations so as to avoid any confrontation between the conflicting parties.

How long does mediation take?

A mediation session usually for a four (half day)  or eight (full day) hour session. So the parties taking part in the mediation process should be prepared to spend at least that much time. However, if the dispute isn’t resolved within the said time, the parties may have to schedule another mediation session to carry forward the negotiation. Apart from that, the mediator would prepare an agreement after the parties reach a settlement, which takes additional time.

Who Should Consider Mediation?
Mediation is an excellent option for such parties who want swift, efficient, and fair dispute resolution while also participating in and controlling the outcome of the settlement process. Litigations are costly, time-consuming, and often open to the public. On the contrary, mediation offers the parties a private forum to resolve their disputes.
When to go for mediation?
Mediation is a go-to for resolving personal and family disputes, divorce terms, intra-organizational conflicts, etc., since it offers quick, effective, and mutually acceptable settlements.
What happens after mediation?

After a settlement is reached through mediation, it is followed by an agreement which can be either oral or written. Whether or not this agreement is legally binding depends on the law of the local jurisdiction.
However, within the US, most of the post-mediation agreements are considered legally enforceable. Also, in certain court-ordered mediations, the final agreement is considered a court judgment.
In cases where no agreement is reached between the parties, either party may decide to pursue the case in forums such as courts.

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