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Mediation
is defined as a collaborative goal-oriented communication style with particular attention to language change in order for the two parties to come to an agreement guided by a neutral party

Mediation Glossary

Our goal is to guide you in deciding which route to take and to clarify some of the terminology associated with Mediation and Arbitration as it applies to the process. If you have any further questions or concerns, please don't hesitate to reach out to us via email. We're here to help!

                    

  • Neutral Party      - Where one party or two guide the process of mediation (Mediator/s) they do not take sides or offer opinions

  • Confidentiality   - What goes on in mediation stays in mediation.  Information that is found out in mediation can not be used in a court of law. There is one exception to confidentiality and that is if a person threatens harm to themselves or another person verbally or physically. if there is child abuse, elderly abuse or human trafficking it is our duty to report to the appropriate authorities

The Differences & Similarities

Mediation and arbitration are two different methods of resolving disputes. There is ONE major difference

 

In mediation, a neutral mediator helps the parties involved reach a consensus on their own by guiding the process so both  parties come to an agreement through the process and encouraging constructive communication.  Mediation never recommends a solution to the parties or an outside third party.  

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In arbitration cases the arbitrator will make every effort to guide the process to enable both parties to come to an agreement, should they not then the arbritrator will make the final decision.  Arbitrators will if necessary make recommendations to the court, while maintaining neutrality.

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   example:  Dispute between two neighbors going to Mediation

                         One neighbor wants to put up a fence on the property line between both properties but would like to share the cost of material and labor.  The other neighbor does not want to pay for the fence to be put up even though their dog goes onto the neighbors property. This becomes a dispute that they are unable to come to an agreement.

They end up in Mediation and after the mediator is able to guide the conversations they self determine a resolution 

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example:  Dispute between two neighbors go to Arbitation

Same example as above but both parties go straight to arbitation.  The arbirator reviews and speaks with both parties seperatly and based on the information given comes up with a solution should neither party come to an agreement. 

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  • Both processes are voluntary and all parties must agree - there are exceptions to arbriation and this is when you sign a contract which has an Arbitation clause which you would have signed.

  • Both processes are done in private and not in a public setting/venue.  

  • Both processes can take as little as 1 - 2 hours or longer.

  • Each can be done in person or over Zoom.

  • Both processes require intake paperwork from each party before any parties meet in person or over Zoom.

  • Once the intake process has been completed the Mediator/Arbitrator will then arrange for either an in person or Zoom meeting with all parties separately to begin the process.  

  • Mediation and Arbitration is limited to the disputing parties only. Exceptions are made if an interpreter is needed or special needs are required for one or both disputing parties if required.  

  • When an agreement has been reached and signed the agreement is then binding in both Arbritation and Mediation.

  • In some cases parties go to arbritation a report with recommendations will be sent to a judge for final decision.

  • Anything that is said in Mediation is confidential unless there is mention of self harm, harm to others physical or verbal,  threats of violence, sexual abuse, abuse to elders, sextrafficking or illegal ativities.

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