Before You Litigate...

Mediate By Telephone, Inc.
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A: Mediation is a cost-effective alternative to litigation and is often contractually required before one litigates.  Mediation is the process where a neutral third party facilitates the resolution of a conflict in a confidential setting.  This provides the mediation participants with the opportunity to openly discuss their respective dispute.
A: The parties (and their lawyers, if they are represented by counsel) converse with the Mediator for an opening session.  The Mediator introduces herself/himself, then the parties each tell their side of the dispute and the Mediator asks questions to fully understand the dispute.  The joint meeting may break into two separate meetings, known as caucuses.

In caucus, the mediator will attempt to learn what is motivating the dispute, what the underlying issues are and where there are areas for compromise.  A successful mediation ends in a written agreement that resolves all aspects of the dispute.
A: Some contracts require mediation before one litigates.  Mediation allows the parties to control their destiny and to buy themselves peace.
A: Mediators are neutral to the conflict, and they utilize proven problem solving and communication techniques to facilitate a win-win solution for everyone.
A: Generally, mediation is voluntary and parties must come to the mediation in good faith seeking resolution.
A: Mediation is confidential.  Confidentiality allows participants to speak openly and with candor, without fear that what they say will later be used against them.
A: Mediation by Mediate By Telephone, Inc. are conducted with and without attorneys.
A: Mediation is a means of facilitating a settlement whereas arbitration is a less formal version of litigation and the arbitrator makes the final decision.
A: Yes.  Once the parties have agreed on a resolution to their dispute, the resulting settlement agreement is put in writing and signed by all parties.  Upon execution, it becomes a binding, legally enforceable contract.
A: If the parties are unable to resolve their dispute through the mediation, they will have satisfied the requirement in most contract disputes to mediate before litigation and then the parties can go to Court.
A: In order for mediation to work, it is essential that certain conditions are met.  These include, but are not necessarily limited to:
  • All parties must agree to mediate.
  • All decision makers must participate.
  • All parties must commit to acting in good faith.