Know Your Rights
Frequently Asked Questions
What is Mediation?
Mediation Is an Alternative to Trial
Mediation is a settlement process. It can help you resolve issues in your court case. Mediation is a way to work the case out with the other party instead of having a judge make the decision.
In mediation both parties meet with a neutral mediator either in person or virtually. The mediator will help you find solutions to your legal issues and work toward settlement, if possible. The goal of mediation is to reach a fair agreement that both parties accept.
Mediation Can Be Voluntary or Court-Ordered
Mediation can be voluntary or the judge can order you to go to mediation. Mediation works best when it’s voluntary and both parties think it will help resolve the dispute. But mediation can still work well when the judge orders it.
How Mediation Works
Mediation can resolve the issues that you and the other party don’t agree on. For example, in a landlord/tenant case, mediation can help parties compromise on unpaid rent or damages. In a land contract case, mediation can help work out a plan for missed payments. Before going to mediation, you should think about the problems that you want to cover.
Normally both parties meet together with the mediator. You will each have a chance to tell the mediator what you want to happen in the case. The mediator is not a judge and won’t decide who is right or wrong. The mediator won’t make decisions for you.
Mediation is a cooperative process. The mediator will help you and the other party make joint decisions.
Mediation Does Not Replace the Need for Legal Advice
Mediators will not give you legal advice or represent you. Some mediators are not lawyers. Mediation may reduce your need for a lawyer, but you should consider talking to a lawyer. They can help you understand your rights and the legal consequences of settling the case in mediation.
What are the pros and cons of Mediation?
Pros
Mediation may have these benefits over a regular court process:
- It can resolve your dispute faster, especially in cases where you agree about most things;
- It may cost you less, for example, in court fees or time off work for court dates;
- It may be more confidential than a trial. The final judgment is a public record, but your settlement talks stay private;
- You will have more control over the outcome of your dispute;
- It can avoid the sometimes combative court process. This may be better for your relationship with the other party;
- If you all have agreed to the solution, you are all more likely to stick to it.
Cons
Mediation is not the best choice for every legal dispute. Your case might not be right for mediation if any of these are true:
- There has been a history of abuse or intimidation between the parties;
- One of the parties is used to being in control and making all of the decisions;
- One or both of you may have a hard time giving their ideas or opinions in mediation. This could happen if one of you is less comfortable using English, or if one of the parties has more experience negotiating;
- The health or safety of one or both of you might be put at risk by mediation;
- You don’t yet have all the information you will need to make informed decisions. If this is true, it might be too early to try mediation.
Are there other types of dispute resolution that may be used in my case?
Yes. Mediation is just one tool that may be used to reach an agreement in your case. Another option:
Arbitration
Arbitration is a private, voluntary process where you and the other party choose a neutral person or panel to make a decision in your case. The arbitrator’s decision is binding, which means that it becomes part of your final judgment even if you don’t agree with it. This is what makes arbitration different from mediation. The arbitrator’s decision becomes the final order even if one or both of you disagree with it.