Common Questions About Mediation
If you have questions about mediation that are not addressed here, please contact our office at 504-525-5553 or contact us online
What can mediation do for my client?
Mediation is no substitute for legal advice. In fact, your client relies on you to provide guidance and share knowledge. Mediation is designed to work with what you do as your client's attorney to find a workable resolution. It is usually in your client's best interests to speak with an experienced mediator who understands the specific dispute your client is facing.
Is mediation binding?
Resolutions reached during mediation are binding, but only if both sides agree to the terms. Your client will still be able to decide whether he or she is interested in accepting the settlement. While the vast majority of cases settle at mediation, your client maintains control of the ultimate decision. If he or she chooses not to agree to a settlement, nothing that happened or that was discussed at the mediation is binding. If the parties are able to reach an agreement, we will draw up a mediation agreement and once it is signed, the agreement is binding.
How long does mediation take?
Typically, mediation lasts less than one day. The complexity of the case and number of issues that arise will determine how long the mediation lasts. We can schedule for a full day of mediation or a half day session.
How does the mediation process proceed?
At the start of the mediation, the opposing parties and their attorneys will gather in one room for a joint session. The mediator will give an opening statement explaining the process and the mediator's roll for the day. Each party will have the option of presenting certain facts of their case and explain the impact from their side. At the conclusion, the parties will be separated and the mediator will begin the process of meeting with each side to discuss their positions in more detail.
Is mediation confidential?
Mediation is absolutely confidential. Anything said or discussed at mediation is not admissible, nor are they subject to discovery in court.
If you have more questions about the mediation process, please contact our office directly.
Mediation is no substitute for legal advice. In fact, your client relies on you to provide guidance and share knowledge. Mediation is designed to work with what you do as your client's attorney to find a workable resolution. It is usually in your client's best interests to speak with an experienced mediator who understands the specific dispute your client is facing.
Is mediation binding?
Resolutions reached during mediation are binding, but only if both sides agree to the terms. Your client will still be able to decide whether he or she is interested in accepting the settlement. While the vast majority of cases settle at mediation, your client maintains control of the ultimate decision. If he or she chooses not to agree to a settlement, nothing that happened or that was discussed at the mediation is binding. If the parties are able to reach an agreement, we will draw up a mediation agreement and once it is signed, the agreement is binding.
How long does mediation take?
Typically, mediation lasts less than one day. The complexity of the case and number of issues that arise will determine how long the mediation lasts. We can schedule for a full day of mediation or a half day session.
How does the mediation process proceed?
At the start of the mediation, the opposing parties and their attorneys will gather in one room for a joint session. The mediator will give an opening statement explaining the process and the mediator's roll for the day. Each party will have the option of presenting certain facts of their case and explain the impact from their side. At the conclusion, the parties will be separated and the mediator will begin the process of meeting with each side to discuss their positions in more detail.
Is mediation confidential?
Mediation is absolutely confidential. Anything said or discussed at mediation is not admissible, nor are they subject to discovery in court.
If you have more questions about the mediation process, please contact our office directly.
