Meditation Process Information
How it works:
Mediation without recommendation or Mediation with recommendation. “Mediation” is a process in which parties attempt to resolve disputes by submitting it to an impartial party called a “mediator”, who will facilitate the resolution of the dispute, but who is not empowered to impose a settlement on the parties. The parties may also agree that in the event that there is no resolution through mediation the dispute will be resolve through arbitration. Each mediation case is unique and is conducted in a way best suited to parties and their dispute.
Here is a brief overview of the most common flow of mediation:
- One party contacts RM&A, Inc. The case manager schedules an intake meeting and contacts all parties involved in order to coordinate the meeting.
- Parties may attend the mediation session with or without their attorneys. The parties, not the mediator, are in control of the decision making process.
- During the mediation each party is given the opportunity to present his or her case and supporting documentation.
- Through negotiation the parties attempt to reach a settlement. Only the parties or their attorneys may attend the mediation, unless both sides agree to include other interested parties.
- Through helpful communication patterns and experience the mediator helps the parties reach an agreement. When an acceptable agreement is reached by all parties, the mediator will prepare a document stating the conditions to which the parties have agreed upon. All parties get a copy of the signed agreement and a copy is kept on file with RM&A, Inc.
Parties Obligation:
Review the agreement before signing and abide by the conditions of the agreement. Cases do vary and this information is provided as a general guide for understanding the mediation process.
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