In the mediation process the mediator attempts for both parties to talk out their issues and find a common ground. An arbitrator ultimately decides the case. There’s always the hope that a resolution is made so that releases and agreements can be executed. If it doesn’t work out the mediation can be continued in court. Watch as attorney John Keefe, Sr. goes into more detail on the mediation process and how he plans to ensure a fair resolution if a mediation process is brought to court.
Mediation is a process by which the mediator attempts to have both sides talk about the issues and try to find a common ground for resolution. A mediator differs from an arbitrator in that we simply try to facilitate the settlement through discussion, as opposed to an arbitrator who ultimately decides the case and binds the parties to the result. A mediator often decides after meeting with the parties first individually whether a joint session is productive or whether that would simply create more dispute between the parties. So, whether you have a joint group and discuss the issues in a joint session or not really depends upon the attitude and the personalities of the parties. In mediation we always hope to get a resolution of the dispute, and if we are successful in doing that we have the parties execute releases and agreements indicating what the resolution is before they actually leave the mediators office. If the mediation fails it will continue in the court, but whatever happens in the mediation process remains confidential and the purpose for confidentiality in mediation is to allow the parties to discuss their beauty marks as well as their warts, and in that way we get a fair resolution without anyone worrying a doubt in a courtroom that someone said something against their litigation interest during mediation. Here at the Keefe law firm we stand for you. Call now to get the help you need at (866) 575-5000. Visit us at Keefe-LawFirm.com