What Is Mediation?
Mediation is a non adversarial forum for parties to meet, confer and reach their own settlement as to an entire claim/case or as to particular issues within a claim. When there is disagreement, conflict, objection or opposition, mediation is a cost saving way to reach a jointly agreed upon resolution.
Mediation is a voluntary process whereby parties to a dispute meet (with or without attorneys) with a trained third party (a mediator) to assist them in reaching an amicable resolution to their controversy. Each party may be in the same room throughout the mediation or in separate rooms. If in separate rooms, the mediator will go between the rooms with offers of settlement and will facilitate an agreement. Mediation is usually a successful way to settle disputes.
Joscelyn Jones Torru is trained to mediate disputes involving probate, trust, estate; family; business or community/neighbor disputes. Ms. Jones Torru looks forward to the opportunity to assist all parties in controlling the outcome of your dispute by arriving at a mutual agreement that saves the parties financially, emotionally and time due to the absence of court intervention.
The following concepts are helpful in describing the mediation process:
Voluntary - You can end the process at any time for any reason or for no reason. If you are thinking of leaving, you are encouraged to speak up and let the mediator know why. The reasons that you are thinking of leaving can become conditions for your continued participation. For example, if you are thinking of leaving because you do not feel heard, presumably you would continue in mediation if you felt heard.
Collaborative - Your are encouraged to work to solve your problem and to reach what you perceive to be your fairest and most constructive agreement.
Controlled - You have complete decision-making power. Each party has a veto over each and every provision of any mediated agreement. Nothing can be imposed on you.
Confidential - Mediation is confidential, to the extent that you desire, be that by statute, contract, rules of evidence or privilege. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or contested proceedings, except for a finalized and signed agreement that the parties agree that the mediated agreement not be confidential for enforcement purposes.
Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutual experts can be retained. Expert advice is never determinative in mediation. You, as parties, always retain decision-making power.
Impartial, Neutral, Balanced, Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation. If you ever feel that the mediator is favoring one party over another, or any particular result over another, or if you should ever feel intimidated or otherwise unsafe in mediation, speak up. The intention of mediation and the mediator is to be impartial, neutral, balanced and to make sure you have a sense of safety in the process.
Self-Responsible and Satisfying - Based on having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be elevated through mediation.