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F.A.Q.
How does
mediation work?
Mediation takes
place in an informal setting. At UDR, you will sit
at a table with the mediator and the other party
in the dispute. The mediator will begin by
summarizing the basics of mediation; this is a
time when you can ask questions about the process
before you begin talking about the specific issues
at hand. The mediator acts as an impartial, third
party to the dispute and does not take sides or
tell the parties how to resolve the dispute.
Rather, the parties have control over any
decisions made during mediation. The mediator will
guide the process and help you and the other party
communicate about the issues.
What if I just can't sit
in the same room with the other party?
Parties typically begin a mediation together in
the same room. The mediator will begin by
explaining the process and gather information
about the issues at hand. Sometimes parties meet
separately with the mediator rather than together
in the same room. These separate meetings are
called caucus sessions. Although caucus is not
required in mediation, some parties find it
helpful. Anyone may suggest caucus: the mediator
or either party. If you and the other party are
unable to remain in the same room together, caucus
may be an option to consider. When parties remain
in caucus throughout mediation, then the mediator
shuttles between the parties. Shuttle mediation
may take longer, but it is an available option if
you cannot sit together in the same room.
How should I
prepare for mediation?
It may be
helpful to think about your goals and what you
would like to achieve as a result of mediation.
You might also think about the issues that you and
the other party need to address. Depending on the
issues at hand, it may be helpful to bring
documentation that will help the other party
understand how you view the situation. For
example, if you are planning to divide martial
assets as part of a divorce action, you will want
to bring information about the property values,
purchase costs, and outstanding debts owed for the
property. If you will be addressing a debt claim,
you will want to bring documentation about the
original agreement and all payments made to date
toward the debt.
Should my attorney
participate in the mediation?
It is
your choice to include your attorney in mediation.
It is not required that your attorney be present.
You may want to consult with your attorney prior
to mediation regarding this question. When
attorneys do not participate in mediation, any
agreements reached are tentative, pending review
with legal counsel. It is often helpful to ask
your attorney for guidance about the issues prior
to entering mediation. However, if you have legal
questions arise during mediation, you and the
other party may agree to schedule a second
session, allowing you each to gather additional
information before moving forward. |
