Frequently Asked Questions
What is mediation?
Mediation is a formal meeting between disputing parties in which a neutral third party, known as a mediator, facilitates the discussion and negotiations in order to assist the parties in achieving a mutual resolution. This allows the parties to have control over the tenets of their own agreement, which the mediator will detail in a Mediation Settlement Agreement. Many people find this process extremely helpful with increasing the efficiency and security of resolving conflicts by keeping the discussion civil, focused, and confidential.
What is arbitration?
Arbitration is a form of dispute resolution in which a neutral third party, known as an arbitrator, reviews the facts of a dispute and makes the decision for the details of its resolution via an Arbitration Award. This differs from a trial in that there is no jury, and it is private. Parties may be present for this process, or they may choose to only submit their evidence to the arbitrator, allowing for conflict to be resolved without the difficulty of coordinating the parties' schedules.
How long do these processes take?
Most simple cases can be resolved in 1-2 hours, but to avoid rushing our clients, we offer Half-Day and Full-Day sessions. See our Services/Pricing page for more info.
What does a mediation look like?
Our mediations follow a standard process:
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Introductions: We will introduce ourselves and the parties and ask how each would like to be addressed during the session.
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Overview: We explain the mediation process and ground rules and then have each party sign our Agreement to Mediate and Confidentiality Agreement.
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Opening Statements: We first allow the plaintiff, then the defendant, as much time as they need to describe their perception of events, any facts they feel are relevant to the case, and what they hope to achieve from the settlement.
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Open Discussion: The plaintiff(s) and defendant(s) are then allowed to engage in open discourse and negotiations. The mediator will keep the discussion focused, assist with clarification of ideas, and facilitate offers and counter-offers as needed.
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Settlement Agreement: Once the parties reach a mutual agreement, the mediator will write a Mediation Settlement Agreement detailing any relevant information including payment plans, reparations, and stipulations. All disputing parties will review and sign this agreement.
What does arbitration look like?
Arbitrations in which the plaintiff(s) and defendant(s) decide to be present for a meeting will look very similar to our mediations (see above) except that the discussion portion (Step 4) will primarily involve the arbitrator asking for clarification on any evidence presented. The other option for arbitration allows for parties to avoid meeting and instead submit their relevant evidence to the arbitrator for independent review. In either situation, the arbitrator makes the decisions for the Arbitration Award and submits this to the parties for signature.
Which kinds of disputes can be resolved by mediation/arbitration?
Mediation and arbitration can be used for personal, familial, and professional disputes. Examples of cases we can assist with include but are not limited to: debt collections, tenant/landlord disputes, service complaints, medical billing, divorce, and child custody arrangements. See our Case Types page for more info.
Should I start with mediation or arbitration?
Mediation is usually the recommended first step for parties to resolve their dispute, as it gives them a chance to come to their own mutual agreement. In arbitration, the arbitrator is the decision-maker (as opposed to the disputing parties) and will simply review the presented evidence of the case and determine the facets of the settlement agreement. However, arbitration provides the opportunity for disputing parties to reach a settlement without having to meet.
I have already filed a lawsuit. Is it too late to utilize mediation/arbitration?
No. You can still attempt to resolve your dispute via mediation or arbitration. In the volunteer cases Apex dispute professionals have handled, lawsuits had already been filed, and the court mandated that the parties attempted mediation prior to bringing the case before the judge.
Our mediation was successful, and we reached an agreement. What happens next?
Once your Mediation Settlement Agreement is signed by all disputing parties, the mediator will issue each a copy for their records.
We could not reach an agreement during mediation. What happens next?
You may then either opt to have us arbitrate your case or submit your case to a local court.
Our mediation was not successful, and I presented information/offers during the session that I feel are no longer relevant. Will this affect the judge's decision?
No. All information and offers presented during mediation/arbitration are entirely confidential. The only information that will be passed onto the judge is the information already officially submitted in the original lawsuit (petitions, answers, and attached documents). After a mediation/arbitration session ends without resolution, your case essentially gets reset.