{"id":16,"date":"2014-09-27T00:14:41","date_gmt":"2014-09-27T00:14:41","guid":{"rendered":"http:\/\/halhargislaw.com\/?page_id=16"},"modified":"2023-09-17T06:33:06","modified_gmt":"2023-09-17T06:33:06","slug":"mediation-services","status":"publish","type":"page","link":"https:\/\/halhargislaw.com\/mediation-services\/","title":{"rendered":"Mediation Services"},"content":{"rendered":"

The Mediation Process<\/h1>\n
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MEDIATION: AN EFFECTIVE MEANS OF SETTLING A DISPUTE<\/h3>\n

Mediation is a form of settlement negotiation conducted and assisted by an impartial person trained in the art of settling disputes. Unlike arbitration and other kinds of alternative dispute resolution, mediation is non-adjudicatory. The mediator makes no findings of fact or law, whether binding or non-binding.<\/p>\n

The mediation process, a private meeting, comprises three stages. First, all parties and their counsel meet with the mediator in a general session. During this session, the mediator explains the process and sets forth the ground rules. Afterward, each attorney outlines his or her client\u2019s theory of the case and the legal and factual issues, The clients are encouraged to speak, but are not required to do so. The mediator asks clarifying questions, determines areas of agreement, and inquires as to the status of prior settlement negotiations.<\/p>\n

After the general session, the parties separate into different conference rooms for private meetings called caucuses; this is second stage of mediation. These caucuses are confidential. Anything said to the mediator during a caucus cannot be repeated outside the caucus except by express permission of the party. This confidential meeting allows counsel to express matters that he or she would be unwilling to state in the presence of opposing counsel. Here, the mediator, the party and counsel undertake a candid discussion of risks, the party\u2019s interests sought to be protected, settlement flexibility, and strengths and weaknesses of the case. At some point during the caucus process the mediator will begin serving as a shuttle diplomat between the parties, conveying settlement offers back and forth.<\/p>\n<\/div>

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Rules & Fees<\/p>\n\n