WHAT IS MEDIATION?
People can settle a dispute without spending time and money in Court. Mediation can end the stress of a lawsuit. It might take a long time to get to trial. Mediation helps the parties to end the litigation, so that they can get on with their lives.
WILL A MEDIATOR DECIDE MY CASE?
Unlike a judge or an arbitrator, a Mediator does not make a decision. The Mediator gathers information and helps create an atmosphere for the parties themselves to resolve their dispute.
WHEN CAN A MEDIATION TAKE PLACE?
A Mediation can take place at any time once a dispute has arisen. It can even take place before any lawsuit is filed.
WHO DECIDES WHO THE MEDIATOR WILL BE?
Once a dispute has arisen, the parties themselves (usually through their attorneys) will together select the Mediator.
MUST I HAVE AN ATTORNEY AT MEDIATION?
No. However, it would be better to have any attorney for the Mediation, for the following reasons: (a) Your opponent may have hired an attorney, which may give him or her an advantage; and (b) If the Mediation results in a Settlement, the parties themselves (not the Mediator) will write the Settlement. This could place the party without an attorney at a disadvantage.
GENERAL PROCEDURES AT MEDIATION CONDUCTED BY MR. DANIELS
The parties and their attorneys arrive at a scheduled date and time. As to whether to meet together or separately, this depends on the circumstances. In a Family Law Case, it my be better to meet separately at the start. In a Business matter, the parties are often in the room together at the start before going into separate rooms.
The attorneys will have already prepared and submitted Mediation Briefs setting out the facts and any applicable Laws and cases, and MR. DANIELS will have already read these Briefs.
When MR. DANIELS as the Mediator meets everyone together in a conference room on the day of Mediation, he will present an overview of the proceedings.
Then with caring and empathy, MR. DANIELS will listen to the parties themselves. Usually the plaintiff will start and tells his or her story in the presence of the defendant. The defendant then tells his or her story in the presence of the plaintiff. Counsel are present. Mr. DANIELS then confers with each of the parties and their attorneys and "shuttles" back and forth between the parties to resolve the case.
Once the case settles, a Settlement Agreement is drawn up by the parties and their counsel and it is signed before the Mediation concludes. If a case has been filed in Court, the Court will be notified of the settlement.
IS THERE ANY EFFECT ON CONFIDENTIALITY IF THERE IS NO SETTLEMENT AT MEDIATION?
Everything that happens at Mediation is confidential. Nothing can be used in Court. The Mediator cannot testify in Court.
HOW WILL YOU HELP ME, MR. DANIELS?
I will listen to you with caring and empathy.
I will assist the parties in creating ideas to resolve the case.
You will have at your disposal the benefit of my 30 years of experience in practicing law and my experience in mediating cases.