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Mediation Services
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Q.
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What
is Mediation?
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| A. |
A private, informal dispute resolution process in
which a neutral third person, the mediator, helps disputing parties to reach an
agreement.
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Q.
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What are the benefits of using Mediation Services?
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| A.
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Mediation has the following benefits: |
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Prompt results - An "average" mediation can be arranged quickly and completed in
three to five hours.
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Low costs when compared to the time and
money expended in litigation.
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Preservation of relationships through
"win-win" solutions - The parties usually gain respect for
each other by the conclusion of the mediation.
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Flexibility to explore options and a
chance to settle before differences become polarized.
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Confidentiality - Avoiding public disclosure
of the name of the parties, the nature of the conflict and the settlement
terms.
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Wide applicability making it suitable for
use in virtually all types of disputes.
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Q.
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What is the role of the mediator?
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| A.
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The mediator enhances communication
between the parties, determines common interests, analyzes outstanding
differences, clarifies underlying interests and explores options with the
parties.
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Q.
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How does the Mediation process
work?
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| A.
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The parties meet in a neutral setting,
usually the mediator's office, and provide the mediator with background
information. Once the mediator determines what issues are involved, the mediator
explores the interests of each party. The parties are encouraged to work in good
faith and generate as many options as possible. There are no right or wrong
solutions and the parties are encouraged to be creative with solutions.
In generating options, hopefully a collaborative
solution is reached which meets the interests of each of the parties. The
mediator then prepares a memorandum of understanding that is signed by both
parties and a report is sent to each of the parties. Typically the parties' lawyers
finalize the mediated solution by preparing a contract or agreement that is then
signed by the parties.
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Q.
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Hoes much time does the Mediation take?
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| A.
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A typical two-party
mediation will take between three and five hours. More complex disputes could take longer and may
require mediation briefs (written summaries of each party's position) to be
submitted ahead of time.
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Q.
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Is it necessary that the parties have a
lawyer present?
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| A.
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Generally lawyers are not present during the mediation, but
that decision is entirely up to the parties. If lawyers are not present, any
solution arrived at is typically subject to lawyer's approval.
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Q.
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What do Mediation Services cost?
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| A.
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Duhamel Manning will quote a fee
depending on the hourly rate of the particular lawyer/mediator, the number of
parties involved, the complexity of the issues and the estimated length of time
required.
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Q.
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Where does the Mediation take place? |
| A.
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Unless the parties
agree otherwise, the mediation will take place in a private boardroom at the
law firm of Duhamel Manning.
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