The Mediation Group

Areas of Expertise

Separation/Divorce

Business/Nonprofit

Resources/Events

The Mediation Group

Areas of Expertise

Separation/Divorce

Business/Nonprofit

Resources/Events

What is mediation?
Mediation is a legal option for decision-making and/or resolving conflict that does not involve litigation. As a means of alternative dispute resolution, the mediation process is collaborative, voluntary and completely confidential. The mediator is not a judge or an arbitrator but a neutral guide who assists participants to work together toward
mutually-satisfying solutions and ensures they reach goals in an informed manner.

What is the difference between mediation and arbitration?
Arbitration and mediation both involve a neutral third party, but the processes
are very different. Arbitrators generally act like judges and make decisions.
Mediators are not decision-makers -they help facilitate communication
and the gathering of information, enabling participants to work together
to make informed decisions and reach solution.

Where does “what’s legal” fit into the mediation process?
Although not an advocate for any participant, the mediator will provide information about the law as it relates to the specific issues in mediation. The mediator will
also assist participants in identifying issues that need further legal explanation or clarification. Each person involved in the mediation process retains decision-making power so whether or not to seek legal advice is the decision of each participant or the participants together in mediation. In most cases, the mediator will recommend that agreements reached in mediation be reviewed by independent counsel prior to execution by the parties.

Should I have a lawyer?
It is not uncommon for participants in mediation to be represented
by independent counsel during the mediation process. The mediator will always
encourage participants to discuss issues of law with their counsel and to have any
agreement reached in mediation reviewed by an attorney. In some cases
attorneys and other professionals do participate in the mediation.

What are the benefits of mediation?
Mediation allows people in conflict to take a leadership role in resolving their disputes and controlling the outcome – it keeps the decision-making power with the people directly influenced by the result. Mediation is also less time consuming and less stressful than traditional legal avenues – both financially and emotionally. The mediation process empowers participants, giving each person involved the opportunity to express his/her needs, views and goals, develop interests and participate in crafting a mutually-beneficial resolution. Results reached in mediation are more likely to work and make sense into the future.

Is an Agreement reached in mediation binding?
Any mediated agreement which is written and signed by the parties is legally binding and in fact research has shown that compliance and satisfaction with mediated agreements is higher than those imposed by a court, resulting in less post-agreement or post-divorce conflict or litigation.

When is mediation not an option?
If there is a history of physical violence or verbal abuse which makes it impossible to sit in the same room, mediation would not be appropriate.

What is conflict management?
Conflict management is similar to mediation in that it involves facilitated communication and communication building techniques. The mediator as conflict coach will explore with the participants the issues, views and interests which lie beneath their dispute and which are creating difficulties, keeping them in a trap of conflict and impeding productivity in the organization. Together the participants and the coach will develop new ways to communicate, organize structures to support and develop better productivity and understanding and restore and improve relationships and trust.

North Fork 631-477-9277 South Fork 631-725-6300 New York 212-254-2068 valerie@themediationgrp.com