WHAT IS MEDIATION?

Mediation is an informal and consensual process by which disputing parties can reach a negotiated settlement. Mediation is facilitated by an experienced, neutral professional, whose purpose is to promote discussion, maintain a non-threatening environment, and assist parties in finding mutual points of agreement in order to resolve their dispute. Mediation is an entirely confidential, non-binding, and voluntary process, in which no party is forced to accept terms to which they object. The mediator is neither a judge nor a jury, and cannot impose a settlement on the parties. Instead, the parties themselves retain absolute control over the negotiations and the outcome.

_____________________________________________________________________________________

 

IS MEDIATION RIGHT FOR YOU?

 

Most disputes can benefit from mediation, however making an informed decision whether your case is suitable for mediation can be a confusing and complex process. Our experienced professionals are here to help. Contact our office for a free consultation, during which we can discuss your dispute-resolution needs, as well as our fee structure as it would apply to your individual case.

 

_____________________________________________________________________________________

 

THE MEDIATION PROCESS:

While the specifics of every dispute are unique, the mediation process follows a basic framework. Following an initial consultation, the parties prepare for the mediation by gathering appropriate documentation and reviewing their options for settlement. The parties and mediator then agree on the time and location of the mediation conference. While the parties may choose to have legal or other representation, it is certainly not required.

When the mediation session begins, the mediator introduces him or herself and describes the process and procedures to be followed. Among other straightforward disclosures, you are advised that mediation is voluntary and binding only if a settlement is reached, and that the mediator is an impartial facilitator with no decision-making authority. Under Rhode Island state law, all discussions at the mediation session are confidential and cannot be used as evidence in any subsequent proceeding or judicial process related to the dispute.

Although a mediation conference is intended to be informal in nature, each party is given the opportunity to fully present its side of the dispute without interruption. After the parties’ opening statements, a joint discussion is held in which the mediator assists the parties to clarify their positions and interests, explore mutual points of agreement, and generate possible solutions to the dispute satisfactory to both parties. If, however, the parties are unable to communicate directly with each other, the mediator will serve as a liaison between the two.

At any time during the mediation, the mediator may ask to speak privately with each party, in a confidential meeting known as a caucus. Any one of the disputing parties may also ask for a caucus with the mediator. Unless explicit permission is granted by the parties, the mediator cannot disclose information discussed in caucus to the opposing side.

Parties can never be forced to enter into an agreement. If, however, a mutually acceptable agreement is reached, the settlement is drafted, reviewed, and signed by both parties and their representatives, if any are present. The written and executed settlement agreement is legally binding and enforceable.

 

Any of the parties, including the mediator, may terminate the mediation at any time and for any reason. If the parties do not reach agreement during mediation, they are free to pursue any other means of dispute resolution available to them. For example, one does not forfeit a right to a due process hearing if mediation does not resolve the dispute. It is important to note, however, that many times parties are more amenable to settlement if a period of time passes after the mediation conference.

_____________________________________________________________________________________

 

All information in a mediation is confidential under Rhode Island state law. As per Rhode Island General Laws § 9-19-44:

"All memoranda and other work product, including files, reports, interviews, case summaries, and notes, prepared by a mediator shall be confidential and not subject to disclosure in any subsequent judicial or administrative proceeding involving any of the parties to any mediation in which the materials are generated; nor shall a mediator be compelled to disclose in any subsequent judicial or administrative proceeding any communication made to him or her in the course of, or relating to the subject matter of, any mediation by a participant in the mediation process."