A&F Frequently Asked Questions

What is mediation?
Mediation is a process in which parties to a conflict voluntarily participate in a joint effort to reach a settlement. A neutral third party, the mediator, facilitates the communication between the parties, addresses the barriers to resolution and helps fashion a settlement to which all the parties can agree.

How does mediation differ from arbitration?
In mediation the parties have more control of their destiny. Mediators are process experts, not decision-makers. A mediator will help parties to reach agreement, but cannot impose or dictate a settlement.

Is there a role for my attorney?
Your attorney can play an important role by advising you, clarifying legal issues, and helping to draw up agreements. At Alhadeff & Forbes Mediation Services we are accustomed to working closely with parties and their attorneys to further the shared goal of resolution.

Do you receive a percentage of the settlement?
No. Mediators work on an hourly fee basis. This fee can be paid by one or both parties, in any sharing arrangement they agree upon. In some cases a fixed fee rate can be agreed upon instead.

If we reach a settlement, is it legally binding?
Yes, either the mediation will close with a signed agreement, or the attorneys for the parties will commit to ending the lawsuit with a formal settlement and release agreement.

How is mediation different from collaborative law?
Mediation is both complementary to and different from collaborative law. In collaborative law, attorneys for opposing parties agree to cooperate to find an agreeable settlement. This is accomplished by bringing both parties and their counsel together in joint meetings, which allows a greater likelihood of compromise than in adversarial litigation. Even in collaborative law, however, each attorney has a legally mandated responsibility to make it their first priority to protect their own client’s interests. Mediation, on the other hand, is a process that creates a neutral space for the exploration and resolution of issues to all parties’ satisfaction. Because mediators are not representing either party, they are free to have private meetings with each side when it is helpful, and to engage in shuttle diplomacy if that will further the progress of the negotiations. Mediators have a range of options not available to the lawyer with a client.

What if we can’t reach agreement?
You are free to return to the conflict if you choose to do so. The mediation process you have gone through remains confidential, and your mediator cannot be called to testify in court, if you choose to litigate after mediation.