FREQUENTLY ASKED QUESTIONS
What is mediation?
Mediation is a process for people to have face-to-face conversations about the issues important to them. Mediators are impartial and will not make decisions for you. They help people in conflict communicate and support their own decision-making. Mediation is a voluntary and confidential process.
How is mediation different than arbitration?
A core value of mediation is party self-determination. Community Mediation Center mediators facilitate the conversation between parties so that they can make decisions that are important to them. Arbitration is a quasi-judicial process where the arbitrator hears the evidence from both sides and makes a binding decision.
How can someone request mediation?
One party contacts the Center and confidentially talks with Center staff about the conflict. Staff can contact the other party or the caller can talk with the other party and ask him/her to call the Mediation Center.
What happens if one party refuses to mediate?
Mediation is voluntary and a session can only be scheduled if both parties agree. The Center respects the decision of each party in choosing whether mediation is right for him/her.
Is a mediation agreement binding?
A mediation agreement is binding and enforceable when it is part of a court order. The parties decide whether they wish to submit an agreement to court.
What about confidentiality?
All communication during intake and in a mediation session is confidential except in cases of child abuse or the abuse of a vulnerable adult. Mediators cannot disclose what is said in mediation except in de-briefing with staff. This confidentiality extends to referral sources too. The Mediation Center will only disclose if mediation was held or not held. If no mediation was held, the Center will not disclose why the session was not held, including the refusal by each or both parties. In keeping with confidentiality, the Center does not provide letters to either party indicating the willingness or refusal of either or both to attend mediation.
Will mediators give suggestions as to how we can resolve our conflict?
The mediator's primary role is to assist the parties in their discussion, so they are able to hear each other and decide how they wish to address the conflict. Most mediators do not offer suggestions, although some do in the form of options. Ultimately, it is the parties’ decision as to what is best for their situation. The mediators facilitate that discovery.
Do I need a case pending in court to request mediation?
No. Anyone can call the Center to request mediation.
Can youth request mediation?
Yes.
How do I know mediation will be fair?
Mediators are impartial. The mediator does not take sides, and is always there for both of you. The mediator doesn’t ever make any decisions for you; you work out between yourselves what proposals you want to accept. Either of you can stop the mediation process at any time; mediation will only go ahead if both of you want it to.
What happens if I say something in mediation but then change my mind?Nothing you do or say during a mediation will create a legally binding agreement. At the end of the mediation process your mediator will explain to you how to turn your ideas into a legally binding agreement and/or a court order, which normally includes obtaining legal advice.
How Do I Prepare for Mediation
Here are some suggestions of what to prepare and bring with you to a mediation:
A willingness to listen
Parties cannot be listening if they are too busy planning what they are going to say next. You never know what you're going to hear, so don't assume you know what the other person will say.
An open mind
Bring creative ideas to the mediation table, and be open to the ideas of others. Be ready to put the past in the past and to find ways to form effective solutions for long-lasting neighborhood peace. Think: anything is possible!
A summary and chronology of events
For the sake of time, it is recommended that parties condense their thoughts and experiences on paper beforehand, so that they can be as direct and succinct as possible during the mediation session. A timeline of events is very useful.
Any necessary paperwork, pictures, etc.
Although the outcomes of mediation sessions do not depend on physical evidence (mediators are not judges or arbitrators), it is sometimes handy for parties to have a visual reference when dealing with certain types of disputes (such as property maintenance or land lord-tenant conflicts). This includes leases and other agreements parties may have entered into prior to mediation. Also bring any relevant records, such as police reports, land surveys, and/or judicial materials such as court orders.
Other affected parties
Mediation agreements affect the lives of others in countless ways. For this reason, it is suggested that all parties potentially impacted by the agreement be included in the mediation session (such as property managers, other neighbors, etc.). A Note: No ‘surprise' participants are permitted to attend meetings, for the sake of fairness to all involved.
A positive attitude You get out of mediation what you put into it. Coming to the mediation table with a hopeless attitude ("We're never going to find a solution") will as easily produce a negative outcome as thinking "We're going to try our best to make this situation better" will bring about positive results. Despite past feelings and experiences, your attitude is your choice and is under your control.
Questionable motives to participate
If your desire is anything other than to amicably work out a solution to your neighborhood problem, such as compiling information for a pending lawsuit, please do not use the Community Mediation Service to uncover such information. Mediation sessions are considered confidential, and any information collected in session cannot be used in court.
What types of conflicts can be addressed in a mediation?
Neighborhood disputes (such as noise, property, animals, and lifestyle differences)
Landlord-Tenant (rent, security, deposit, repairs, damages)
Consumer/Merchant (home improvement/repairs, service, merchandise, warranty)
Roommate/Housemate
Employer/Employee (such as co-worker disputes and supervisor/employee conflicts)
Family (including couples, custody, siblings, cross-generational, and parent-teen conflicts])
School (such as those among students and/or between parents, staff, and administration
Neighborhood Association
Land Use
Business (partnership dissolution, contracts, real estate, gallery/artist)
"We've tried to talk already. Why should we mediate?"
Some people find it helpful to have a mediator present who is impartial and trained to help people have conversation. Sometimes things change as a result of a mediated conversation.
How much does mediation cost?
Mediation is affordable and available to all.
Some programs are offered at no cost, some are based on a sliding fee scale, and others are charged by the hour. Please call CMS for specific information on fees.
Fees include:
Intake, scheduling, and administering the session
Preparation and mediation/facilitation of the sessions, usually with 2 mediators
Conducting post-session follow up as needed
How Do I Get the Other Party to Mediation with Me
There are several ways to bring up the option of mediation to a party with whom you are having a dispute. How you choose to do this might depend on several factors such as the level of hostility between you and them, whether or not the other party is an individual or a company, or your comfort with explaining the mediation process.
You might call or approach them in person and ask if they are familiar with mediation and if they would be willing to try it.
You can refer them to our website, or print off a hard copy of this list of questions to give them.
You can also have them call our office and one of our staff will explain the process and answer their questions.
If you prefer, you may write them a letter asking them to mediate. Again, refer them to our website or ask them to call us directly.
A third option is to have our office call the other party and offer our services.
After an initial phone intake with you, we would call the other party and explain that we have been contacted by you regarding your dispute and that you would like to use our services to resolve your conflict. We explain the process and its benefits and clarify that it is a voluntary process. If they agree to mediate, we start the scheduling process. We do not divulge the details of what you have disclosed to us about the dispute. We do tell them who contacted us to initiate mediation and give a general reference to the dispute (e.g. return of a security deposit, dog barking, payment of a utility bill, etc.).