Tips & Advice
Is a mediator the same as an arbitrator?
No. A mediator facilitates a negotiation, whereas an arbitrator hands down a judgement.
While mediators and arbitrators generally serve the same function, the primary difference between them is that an arbiter hands down a decision in a dispute, just like a judge would, and that decision is not something agreed upon by both sides, as in mediation. . Arbitration can only be contested in certain circumstances.
When is a mediator preferable to an attorney?
Mediation can be a preferable for those looking to minimize chances of a hostile or adversarial environment, particularly in cases like divorce. Mediation can also be better suited for smaller claims. Mediators can generally come to terms with parties much faster than the attorney court process can, and they can be a much cheaper alternative.
Can mediators provide legal advice?
No, mediators do not provide legal advice during mediation. Most mediators are not licensed attorneys (although they can be) and are not allowed to provide legal advice. Lack of attorney/client privilege, and working for competing sides, also rule mediators out as legal advisors. They can provide legal information, but not advice.
How much do mediation services cost?
Depending on the hourly rate the mediator charges, the length and complexity of the case, and the number of parties involved, rates will fluctuate. The good news is that mediation is generally far cheaper than litigation.
What type of training or education does a mediator need?
While requirements can vary, most mediators have a bachelor’s degree in mediation and conflict or dispute resolution. While not a legal requirement, this or a four-year degree is usually the minimum level of education necessary. Having prior work experience in the legal system, such as an attorney, can also potentially qualify a candidate to mediate disputes.
Is mediation legally binding?
Once a mediation agreement has been agreed to and signed it becomes a legally binding contract. This holds all parties to the terms of the contract, and any breach of the contract is punishable by law.
What is the best way to select a mediator?
In choosing a mediator, it is imperative to find someone neutral who will be fair and impartial. Decide what you want from mediation and then get a list of potential mediators. Study their written qualifications and interview the most qualified candidates. You may want to find a candidate that has experience in your specific case, such as a divorce or business split. You can also get referrals and suggestions from lawyers or associates.
A mediator is a third-party entity that manages a settlement between two or more parties and is part of alternative dispute resolution (ADR). They can be used in lieu of a judge or jury to reach a settlement. Mediation can be either voluntary or compelled by a court in certain situations, and is usually supervised by the court. In mediation, all parties involved must agree to the terms of the settlement.