+ What is the difference between mediation and litigation?
Mediation is a process in which a neutral third party - a mediator - helps the parties involved in a conflict come to a mutually agreed-upon resolution. The outcome in litigation, a lawsuit, is often less amicable, satisfying or acceptable to the parties. A lawsuit is decided by a judge or jury, is time consuming and expensive.
+ I've already hired a lawyer. Can I still participate in mediation?
Yes! Your lawyer can be present at mediation sessions and we can work with your lawyer present to determine your goals for a successful resolution of your conflict. You don't have to go to court to settle your dispute even if you've already hired a lawyer to represent your interests. Consultation with an attorney is encouraged and recommended.
+ Can the mediator order us to do anything?
No. The mediator is a neutral third-party who is trained to facilitate productive conversation between the parties with conflict. The mediator can assist in helping you come to a resolution, but cannot order you to resolve your conflict in a particular way. One of the key benefits of mediation is that only the parties involved have a voice in what the outcome should be. Mediation provides you with more control over achieving an outcome that is acceptable to all parties involved.
+ Is mediation expensive?
Daniels Mediation charges significantly less than many other mediators. Mediation often costs between $200.00 and $500.00 per hour, while Daniels Mediation charges $150.00 per hour as a result of low overhead costs. Mediation is often far less expensive than litigation, as lawsuits are expensive and time consuming. Litigation results in court costs, legal fees and lost work time, which can add up quickly. All you will pay for mediation is the hourly rate and any fees that may apply if it is necessary to file your agreement with the courts. A mediator has a more flexible schedule than the courts, which means more convenience and less time away for you.
+ Will the court accept the outcome of our mediation?
Yes. Should you need to file your agreement with the court, the mediator with assist you draw up an agreement that the courts will accept. It is encouraged and recommended that any "MOU" Memorandum of Understanding or Mediated Agreement be reviewed by your attorney at the conclusion of mediation