FAQs about mediation

What happens in mediation?  A trained, neutral third party facilitates the resolution of a dispute between parties.  The goal is to find a mutually agreeable resolution that is sustainable for both parties.  The mediator helps define the issues in dispute, ensures that parties are heard and their interests explored, and guides parties as they explore options and possible solutions.  Depending on the parties’ relationship, the goal may also be to create a foundation for future good will and fair dealing.  

Why mediation? Mediation can help parties see others’ positions and interests, as well as their own positions and interests, in a new light. This helps reveal if a settlement is possible. It is far less costly than protracted litigation. It is also less formal and, frequently, far more satisfying. Further, many parties find that being able to speak their mind, and knowing that they are heard both by the mediator and the opposing party, is immensely helpful. Finally, in some instances, parties can find much more creative and helpful solutions than a disinterested court can.

Do I have to be in the same room with the other side? No, you do not. Mediators can shuttle back and forth between two or more sides. That said, when done appropriately, putting parties together for a carefully-moderated discussion or listening session can be remarkably helpful and can speed things along.

Do I need a lawyer for mediation?  No, though it is worth considering whether you want to have one or to consult one beforehand to be clear on your legal rights.  Lawyers advise people of their legal rights and have a fiduciary duty to act in a client’s best interest.  Mediators help parties explore their interests and evaluate the likelihood of success, and they represent neither party.  They work for both parties and have a duty to maintain neutrality.   Syrena works with parties directly as well as with parties who are represented by counsel.  

Who uses mediation?  Any person or business in a dispute with another party or parties may use mediation, and mediation may occur before or during litigation.  

Is mediation confidential?  Yes, with very few exceptions (e.g., when someone threatens harm to another or abuse of a juvenile is revealed).  What parties say within a mediation cannot be used later in court.  This frees parties to explore potential resolutions fully, without giving up their ability to litigate if necessary.