Key Features
Voluntary: Participation is not mandatory, and parties are free to accept or decline mediation
Confidential: Discussions and disclosures are private, protecting sensitive. Information. Everything is confidential (except in cases involving abuse or safety concerns).
Non-Coercive: The mediator guides the process but does not impose solutions
Informal: Mediation sessions are more relaxed than court proceedings, with flexible procedures agreed upon by the parties
Assisted Negotiation: The mediator helps parties explore options, clarify issues, and communicate effectively
Benefits of Mediation
Faster Resolution: Disputes can be resolved in weeks or months rather than in court
Cost-Effective: Mediation is usually less expensive than litigation
Durable Agreements: Solutions reflect the parties’ underlying needs, increasing the likelihood of compliance
Relationship Preservation: Mediation encourages collaboration and reduces hostility, which is especially valuable in ongoing relationships
How Mediation Works
Agreement to Mediate: Parties voluntarily agree to participate, sometimes through a contract clause or court order
Selection of Mediator: Parties choose a neutral mediator, often through referrals or professional organizations
Mediation Sessions: The mediator facilitates discussion, helps define issues, and explores potential solutions. Experts or other stakeholders may be invited if necessary
Settlement: If successful, parties draft a written agreement or memorandum of understanding, which can be legally binding
Applications
Mediation is used in various contexts, including:
Legal disputes: Civil, family, or employment conflicts
Workplace disputes: Between employees, management, or unions .
Personal or community conflicts: Including educational or religious institutions
Mediation emphasizes collaboration, confidentiality, and empowerment of the parties to craft solutions that meet their needs, making it a widely preferred alternative to adversarial processes like litigation or arbitration
A mediator does not function as judge or arbiter for individuals; rather, s/he serves as a neutral third party who supports and guides the parties through conflict resolution conversations so that each individual involved in the dispute can be:
Fully heard in regard to their perspective on the matter
Able to better understand their unique needs and motivation(s) for resolution
Able to better understand the other party in the dispute and her/his needs and motivation(s) for resolution (Note: Understanding does not mean agreement)
In control of the solution(s) reached through mediation
Process
Mediation involves 7 (or 8) steps including:
1. Initial meeting: discussion of process, ground rules and preferences
2. Data gathering
3. Identifying & understanding each party's perspective of the dispute
4. Working through the conflict
5. Generating options
6. Evaluating options
7. Concluding the agreement (or terminating the mediation)
8. Compliance with the agreement
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Getting Started
Mediation is billed at $200 per hour.
An $800 retainer (4 hours) is required up front; you will be invoiced for additional hours, and unused hours will be refunded.
Most mediations are done virtually (on Zoom) but can be in person if requested at 5820 Main Street, Suite 504, Williamsville, NY 14221.