What is Mediation?
Mediation is a voluntary, confidential process where a neutral third-party (the mediator), helps parties in conflict come together to talk and decide how to resolve their dispute. The mediator does not take sides or make decisions for the parties. The mediator enables and empowers the parties to reach an agreement that they both can live with.
How do I schedule a Mediation?
1. Call the Mediation Center of the Pacific at 521-6767 between 8:30 a.m. and 4:30 p.m. and ask for the Client Services Department.
2. A Client Service Specialist will assist you in scheduling a mediation session on a day and time that works for you and the other party.
3. You will be required to provide general information about the case and the issues that you would like to address, as well as specific information about yourself, including but not limited to any accommodations you may need to participate in the mediation process.
4. You will also be required to provide the names and contact information of the individuals who you would like to include in the mediation process.
5. Depending on your availability and that of the other mediation participants, a mediation session will generally be scheduled within two weeks.
6. To start the mediation process today, complete the mediation request form.
How does mediation work?
During the mediation, the mediator will give both parties an opportunity to express their point of view in a safe, comfortable environment.
In most cases, the parties and the mediator will initially be in the same room. At different times throughout the mediation process, the mediator may meet with each party privately while the other party waits outside. The private meetings allow the parties to share information with the mediator and come up with and test possible solutions and ideas with the mediator, before presenting them to the other party.
It means that whatever you say in mediation (whether it is when you and the mediator are talking alone, or when you and the other party are talking with the mediator), will not be repeated outside the mediation by the mediator.
If the mediation is not successful and you go to court or another legal proceeding, the mediator cannot be subpoenaed or required to testify in court, nor can any/all records or paperwork from the Center be used in the Court proceeding.
What does it mean that the mediation is confidential?
What does it mean that the mediation is voluntary?
It means that both parties must agree to mediate.
If one party does not want to participate, then the mediation cannot occur. Either party may end the mediation at any time, for any reason.
That is your choice. The mediator will not tell you what to do.
If you and the other party are unable to come up with an agreement in mediation, then you can take other action such as filing a Claim in Court (or return to court if you have already initiated a Complaint) or initiate arbitration.
What if I don’t want to settle in mediation?
What are the advantages of mediation?
Mediation gives you and the other party the chance to resolve the dispute yourselves.
Most people are more satisfied with resolutions that they develop themselves. In general, mediation is less costly and faster than arbitration or litigation.
You may bring your attorney to the mediation, but counsel is not required.
If your attorney does not participate and a written agreement is created during the mediation process, you may take the agreement to your attorney for review, before it is finalized. You may also contact your attorney via telephone at any time during the mediation.
Should I bring an attorney to the mediation?
Should I bring witnesses to support my case?
No. There are no witnesses or judges at a mediation session.
Generally, only the disputing parties and the mediator are present at the mediation. The purpose of the mediation is not to determine who is right or wrong. Instead, the purpose is for the parties to talk with each other and to work out a mutually acceptable agreement to settle the dispute.
The Mediation Center is fortunate to work with a cadre of professional mediators who volunteer their services for many of the programs.
The mediators have completed specialized training and have significant mediation experience. Every mediator is assigned by the Client Services Specialists according to the issues in the dispute and the training of the mediator.