Mediation is a non-binding process wherein the parties appear at the office of a mediator to attempt to settle the dispute without court intervention. This process is often mistaken with arbitration, which is a binding method of dispute resolution wherein an arbitrator (or panel of arbitrators) act in the role of a judge and decide the disputed matter. In a mediation, the mediator attempts to facilitate a settlement between the parties but does not and cannot impose his decision upon the parties. While the mediator cannot force the parties to settle their case, the court in which the case is pending often requires the parties to go to mediation prior to trial to at least attempt to resolve the case. If the case settles, the parties usually sign a written settlement agreement. If the case does not settle, the mediator simply notifies the court that the case did not settle. The mediator cannot reveal to the court any of the details about the mediation. The process is confidential.
Gus G. Tamborello, P.C. can assist clients with:
- Mediating disputes relating to probate, estates, trusts and guardianships; and
- Representing parties in the mediation process.