Q: Why is ADR useful?
A: This process allows the parties to speak for themselves and to work with each other to find a solution to their specific problem. This provides a positive environment where each side can hear the other party’s concerns. ADR occurs in an informal and relaxed setting and it much less expensive than litigation.

Q: In what situations is ADR most likely to be tried?
A: In situations where the communication between the parties has broken down, the parties will still maintain a relationship after this dispute is over, time is an issue, there is no single solution to the problem and emotions are running high.

Q: What is mediation and how does it work?
A: The mediator is a neutral party with no stake in the outcome of the resolution of the issue. The parties meet with a neutral and presents and explains all their issues. After both sides have presented their issues the mediator then begins to see if there is common ground for a resolution, by narrowing the differences and helping the parties build on areas of agreement. The mediator can often rephrase the issues and defuse some of the emotions presented with the disagreement. The mediator should assist a party in seeing the dispute from the other party’s position and assist them with coming to a realistic compromise.

Q: How long do the sessions last?
A: The sessions last several hours and can be completed in one or two meetings.

Q: How much does this cost and who pays for it?
A: The cost is $200.00 per hour for one mediator or $250.00 for co-mediation.

Q: What is the advantage of co-mediation?
A: Often one party will identify with one mediator and the other party with the other mediator. Also, with two mediators listening to the dispute from both parties, they may have many other possible solutions to suggest to the parties that one mediator may not have considered.

Q: Is this confidential?
A: ADR is confidential and the parties should fell free to talk about sensitive issues and new ideas, without the concern that the process is a “fishing expedition” or discovery for litigation. The parties sign an agreement to mediate prior to the mediation, which addresses confidentiality.