FAQ Section: Mediation

What is mediation?

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party, called a mediator, who helps two or more parties to resolve their conflicts and come to a mutually acceptable agreement.

What types of disputes can be mediated?

Mediation can be used to resolve a wide range of disputes, including but not limited to family disputes, employment disputes, business disputes, community disputes, and neighbor disputes.

How does mediation work?

During mediation, the mediator facilitates communication between the parties, identifies issues that need to be addressed, helps the parties to explore possible solutions, and encourages them to come to a mutually acceptable agreement. Mediation is a voluntary process and the parties are free to terminate the process at any time.

What are the benefits of mediation?

Mediation has many benefits, including:

• Cost-effective: Mediation is often less expensive than going to court.
• Confidential: Mediation is confidential, and the parties can agree to keep the details of the mediation private.
• Voluntary: Mediation is a voluntary process, and the parties have control over the outcome.
• Quick: Mediation can be scheduled and completed quickly, often in just a few hours.
• Customizable: Mediation allows the parties to come up with creative and customized solutions that meet their unique needs.

How long does mediation take?

The length of mediation depends on the complexity of the issues and the willingness of the parties to cooperate. Some mediations can be completed in just a few hours, while others may require multiple sessions over several days or weeks.

Is mediation legally binding?

Any agreement reached through mediation is legally binding if the parties agree to it and sign a written agreement. The agreement can be enforced through the court system if necessary.

Do I need a lawyer for mediation?

While you do not need a lawyer for mediation, it is recommended that you consult with one before and after mediation to ensure that your rights are protected and the agreement reached is fair and equitable.

How do I find a mediator?

You can find a mediator through local mediation organizations, bar associations, or online directories. In Indiana, you can search the Indiana Registered Mediator directory. It is important to choose a mediator who is experienced in the type of dispute you have and has the necessary training and qualifications.

Ground Rules: The guidelines established by the mediator at the beginning of the mediation session to ensure that the process is fair, respectful, and productive.

Impasse: A situation in which the parties are unable to reach a mutually acceptable agreement.

Joint Session: A meeting between all parties involved in the dispute, facilitated by the mediator.

Private Session: A meeting between the mediator and one party to discuss issues or concerns confidentially.

Neutrality: The mediator's impartiality and absence of bias toward any party or issue.

Voluntary: Mediation is a voluntary process, and the parties have control over the outcome.

Memorandum of Understanding (MOU): A written agreement outlining the terms of the agreement reached in mediation, signed by all parties involved in the dispute.

Fairness: The principle that the mediation process and the agreement reached are fair and equitable to all parties involved.