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1. What is Mediation?

Mediation is a process in which 2 or more people involved in a dispute meet in a private, confidential setting and with the help of a neutral person (a mediator), work out a solution to their problem. A mediator is not a judge; he or she does not decide who is right or wrong. A mediator does not force anybody to reach an agreement they aren't comfortable with or to accept any particular settlement terms.

When you call a mediation center, you will speak with a worker who will take down some basic information and answer any questions you have about mediation. The center then contacts the other party to see if they would like to try mediation. If both parties agree, a mediation session is quickly scheduled.

During the mediation session, each party describes the dispute from their point of view. Then they explain how they think the matter can be resolved. The mediators help the parties focus on the real issues causing the problem, and then help find a workable solution which resolves the problem. When the parties agree on one solution, the agreement is put in writing. Because mediators do not offer legal advice, you should know your legal rights before attending a mediation session. Of course, you are free to consult with or to obtain the services of an attorney to assist you. Attorneys can attend mediation sessions, too.

2. Can I try mediation if I have already filed a case in court?

Yes! Many judges throughout the state strongly encourage parties to try to resolve problems on their own. If you resolve the problem before your court date, you do not have to have a hearing or trial in court, although you may have to file a form indicating that you have resolved the case. In many cases, mediation may save your having to take time off from work to go to court, and helps you avoid the confrontational court setting where parties present evidence against each other. You also avoid the possibility of entirely losing your case. If you try mediation but do not come to an agreement, you can still go to court.