ABOUT MEDIATION
“Let us never negotiate out of fear. But let us never fear to negotiate." John F. Kennedy
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About Mediation
What is Mediation?
Mediation is a form of Alternative Dispute Resolution (ADR) in which a neutral, trained mediator helps people resolve a dispute through communication and negotiation. Unlike a judge, the mediator does not decide the outcome. Instead, the parties work together to reach their own agreement.
What Does a Mediator Do?
A mediator is a neutral third party who guides the conversation, helps clarify the issues, encourages productive communication, and assists the parties in exploring possible solutions. The mediator does not make decisions for the parties or determine who is right or wrong. The parties remain in control of the outcome.
Is Mediation Voluntary?
Mediation is generally a voluntary process, even when a court requires the parties to attend. A court may order parties to participate in mediation, but no one can be forced to reach an agreement. The parties decide whether they can resolve their dispute themselves; if they cannot, the case may proceed through the court process.
Is Mediation Confidential?
Mediation is generally confidential, allowing parties to discuss their concerns and explore solutions in a private setting. There are legal exceptions to confidentiality, which vary by jurisdiction and circumstance.
What Happens When an Agreement Is Reached?
When parties reach an agreement, the terms can be put into writing and signed by the parties. Depending on the type of dispute and applicable law, the agreement may be submitted to the court for approval or enforcement.
Mediation With AEP Mediation & Notary Services
If you’re wondering what is mediation and how the process works, the following steps explain what you can expect before, during, and after your mediation.
Phase One
If one or both parties have decided to use AEP for their mediation, they can go to the Service page that best matches their needs and click the “Request Mediation” button to complete the request form.
If a party is interested in mediation but would like to discuss whether they are ready to move forward, they can contact AEP to discuss their questions before requesting a mediation.
If an attorney is booking the mediation and both parties have agreed to move forward with AEP, the attorney can use the “Attorneys Book Now” button to schedule the mediation and select a date and time.
Phase Two
If one party “Requested Mediation,” the Mediation Coordinator will act as a liaison between the parties to find the best date and time for the mediation. Once a date and time are agreed upon, the coordinator will book the session and send both parties their mediation fee invoices.
Parties will have 24–48 hours to pay their fees, depending on how soon the mediation is scheduled.
If an attorney booked the mediation, the other party will be contacted and invoiced for their share of the mediation fee.
Phase Three
Once both parties have paid their mediation fees, the assigned mediator will reach out to all parties to formally introduce themselves and begin the mediation preparation process.
The mediator may request documents or other information needed to prepare for the mediation and will provide the parties with a Zoom link for the upcoming session. The mediator may also discuss or request any other details necessary to make sure the parties are prepared before mediation begins.
There are usually not many issues that need to be addressed before mediation. However, there may be areas of concern or unique circumstances that need to be discussed or resolved beforehand. This preparation gives the mediator and parties an opportunity to address those matters before the mediation session.
Phase Four
If you do not already have a Zoom account, please create one before your mediation. It’s free and takes only a few minutes.
On the day of mediation, join using the Zoom link provided by your mediator 5–10 minutes early. You may use a computer, laptop, tablet, or smartphone with reliable internet, audio, and video.
Please participate from a quiet, private location where confidentiality can be maintained and interruptions avoided.
Never used Zoom before? We recommend watching the helpful video below before your mediation.
Phase Five
The mediator will explain the mediation process, rules, and guidelines, then give each party an opportunity to briefly share their perspective. The mediator will guide the discussion, help identify the issues, and encourage respectful negotiation toward possible solutions.
As agreements are reached, the mediator will document them and identify any remaining issues. If a full or partial agreement is reached, the mediator will prepare the appropriate written agreement(s) for the parties to review and electronically sign.
If additional issues remain but meaningful progress has been made, the parties may choose to schedule another mediation session.
Phase Six
After mediation, the parties will receive copies of any formally drafted Agreement(s) reached, along with a Certificate of Authenticity for the electronic signatures. They will also receive a Mediation Report documenting the mediation.
If no court case has been filed, the parties may retain the Agreement for future use and enforcement as permitted by applicable law. The Mediation Report may also be used to document completion of a mediation requirement, whether or not an agreement was reached.
Mediation "Styles"
Mediation encompasses various styles, each with its own approach to resolving disputes. Here are the main styles of mediation:
Facilitative Mediation
The mediator guides communication, helps clarify issues, and encourages the parties to develop their own solutions. The parties remain in control of the outcome.
Transformative Mediation
The mediator focuses on improving communication, understanding, and the parties’ ability to work through their conflict. This approach may be particularly helpful when preserving an ongoing relationship is important.
Evaluative Mediation
The mediator takes a more active role in helping parties assess the strengths and weaknesses of their positions and consider the potential risks and outcomes of continuing the dispute.
Directive Mediation
The mediator takes a more active approach to managing the discussion and may suggest solutions, options, or strategies to help move negotiations forward. The parties remain responsible for deciding whether to accept any proposed resolution.
Narrative Mediation
The mediator helps parties examine how they understand and describe their conflict, and may use reframing techniques to encourage new perspectives and possibilities for resolution.
Community Mediation
Community mediation is designed to address disputes within communities and often focuses on communication, collaboration, relationships, and practical solutions that can benefit everyone involved.