Mediation is a voluntary, respectful, and confidential way to resolve disputes without giving the decision-making power to someone else (like a judge). The mediator, who is impartial and fair, meets with you and the others involved in the dispute.  The role of the mediator is to help and encourage everyone to identify the important issues in the dispute so that you and the others involved are better able to make decisions to resolve the dispute yourselves.  The mediator doesn't tell anyone how to settle the dispute, or make a judgment about who's right and who's wrong. Control over the outcome of the case stays with you and the others involved in the dispute. 

HOW DOES MEDIATION WORK 

The mediation itself is conducted in the following steps over one or more meetings typically lasting two or more hours as the parties choose:

• Opening comments and explanations by the mediator
• Answering any questions from you
• Each party explains their perspective on what the problem is
• Identifying and prioritizing issues
• Exploration of conflicts and interests
• Generating options and discussion
• Reaching agreements and drafting 

MEDIATION IS CONFIDENTIAL 

Confidentiality is provided by Arizona statute and by agreement of the parties, plus all mediations are conducted in a private setting rather than in open court proceedings or negotiations with other third parties present.  Neither the mediator, you, nor the others involved are allowed to testify in court about what was said in mediation. 

WHAT TYPES OF CASES ARE BEST 

Any case where there is a mere glimmer of hope, or more, that you can work, or are willing to try, with the other person.  Even if you distrust each other, you will usually find mediation more satisfying than attorney-driven negotiations. 

DO BOTH PARTIES NEED TO AGREE 

Yes.  Mediation can work only if all individuals involved participate.  Instead of assuming others involved won’t mediate, if given information about the mediation process and benefits, the opportunity may be greatly appreciated, so why not ask! 

HOW LONG DOES IT TAKE  AND WHAT DOES IT COST

That varies depending on the complexity of the issues and everyone’s cooperation with the process.  Our rates are generally $200 per hour and a mediation can last from 2 hours to 10 or more over several sessions for complicated cases. 

YOU’RE ANGRY  

Mediation is not just for people already cooperating -- it is especially helpful when people aren’t productively able to talk directly with each other. 

FINAL OUTCOME 

Once agreement is reached, the mediator (or your attorney) prepares an Agreement document which is then reviewed by you and your attorney, then signed, and, if appropriate, incorporated into any court decrees. 

Mediation Path -- Creating Pathways to Resolutions                                    480-656-8341