Mediation
Mediation is a form of Alternative Dispute Resolution (ADR) which places you and the other side in control of resolving your dispute. Mediation is available in family and other matters. In mediation, both sides agree to meet with a mediator, a
neutral third-party who will discuss the problem with you and facilitate a resolution on which both sides can agree. There are no “winners” and “losers” in mediation – it is a
“win-win” process for both sides.
A
mediator does not represent either party and cannot give legal advice to either side. Therefore, the parties may decide to have their attorneys, if represented, either present during the mediation or available for consultation and advice before, during and after the mediation sessions. And always, each party should consult with an attorney before finalizing any agreement reached through mediation.
Once you have reached an agreement, either the mediator can prepare a settlement agreement, which each side may have reviewed by his or her own attorney before signing, or prepare a memorandum of understanding for the parties to give to their attorneys to formalize in a written agreement.
Mediation is available to resolve your dispute anytime before a court issues a decision. Mediation may be your first step to resolve your problem, or it may be the last attempt to reach a resolution before trial. If mediation is not successful, you may
still seek a litigated resolution for your dispute from the court. Mediation is also an effective tool to resolve modification and enforcement of settlement agreements, especially in family matters.
If you are interested in additional information about Andalman & Flynn’s mediation services, either to represent you during the process or to act as the neutral mediator,
please contact our office.
Andalman & Flynn's Other ADR Services
Andalman & Flynn offers other
ADR Services, in addition to Mediation, such as:
Collaborative Law for General Disputes
Collaborative Law for Separation, Divorce & Family Law
Arbitration
For additional information about Mediation, please see our
Frequently Asked Questions.