People report benefiting from mediation in a number of ways. Here are a few:

Mediation lets parties retain control of their own dispute. If parties go to trial, they are giving up total control of the outcome to a magistrate, judge, or jury. One party will win; the other will lose. In mediation, parties have a chance to propose, accept and reject options that they feel will best resolve their dispute.

May be less costly than litigation. If parties mediate early in their dispute, it is likely that they can avoid many costs associated with preparing their case for trial.

Mediation can take place at any point in a conflict, for example, before filing a lawsuit, or in some instances, even after a trial. Most mediators advise persons to try mediation early in a dispute, before parties become firmly "locked" into their positions.

Mediation is more comfortable and private than the courtroom. Mediation usually takes place in a neutral office setting, and the only parties present are the parties, their attorneys, if any, and the mediator. This is in contrast to the very public and adversarial environment of the courtroom.

Agreements are legally binding and are more likely to be fulfilled by the disputing parties, because the agreement is created by the parties themselves.

Reaching an agreement is voluntary. While a judge may order parties to try mediation, they are under no obligation to reach an agreement. Whether or not they settle the dispute in mediation is entirely voluntary, and the court will not know what happened during mediation. If parties do not reach an agreement in mediation, their case will continue along toward trial.

Mediation is confidential. Unlike court, where what happens there is open to the public, with a few exceptions, parties can agree that anything said or done in mediation remains completely confidential. The mediator also keeps all communications confidential, and will not testify as to what was discussed in mediation.

Mediation helps some people restore an ongoing relationship. Family members, business partners, and employees, who have ongoing contact with the person they are having a conflict with, can restore their relationship by resolving their problem and agreeing how to avoid or effectively manage any conflict that may arise in the future.

Mediation can take place right away. Mediation can usually take place as soon as the parties and their attorneys, if any, can agree on a date. Most sessions take just a few hours, but in complex civil cases, for example, it is not unusual for parties to meet over several sessions.

General Civil: Real Estate, Contract disagreements, Personal injury, Property disputes, Employment matters, Accident/Insurance claims

Family Court: Divorce, Visitation, Alimony, Custody modifications

Probate Court: Contested guardianship petitions, Disputes over wills and trusts

Employment:

WHAT IS ALTERNATIVE DISPUTE RESOLUTION (ADR)?

Alternative Dispute Resolution (ADR) is a term used to describe a number of processes in which a neutral third person helps spouses resolve differences over child custody, parenting, or support issues.

WHY USE ADR?

Spouses who can agree to resolve their disputes without a court hearing may enjoy these benefits:

• You control the result. Parents know best what their children need and what works best for them. A solution they work out together may be better than a solution imposed by the court.
• Save time and money. Resolving disputes during mediation may be faster and less expensive than a court hearing.

IS ADR CONFIDENTIAL?

The mediator is required by law to keep all conversations confidential. Nothing discussed during the process can be used later. The vast majority of cases settle at mediation. However, if a case doesn't settle, none of the participants can be called to testify in court about anything they said or heard, nor about any amounts of money that were discussed. In some cases, however, some mediators may have a legal duty to report child abuse or neglect. They may also report criminal activity or threats of harm against others.

WHAT HAPPENS DURING MEDIATION?

In mediation, spouses work together to resolve all or part of their dispute with the help of a trained, neutral mediator. Mediators do not make any recommendations to the court, and do not recommend solutions to the parties' dispute unless the spouses ask them to.

WHAT IS THE ROLE OF THE MEDIATOR?

The mediator is a NEUTRAL who assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution. Mediators are skilled at sifting through the facts, emotions and individual interests of the parties involved to determine what the issues are while maintaining an unbiased perspective. The mediator can offer creative approaches and innovative ideas that allow the outcome to be decided by the parties.