What is Mediation?
Mediation is facilitated negotiation. When two parties are unable to resolve a dispute, they may seek the assistance of a neutral third party called a "mediator". A mediator has no power to impose a settlement on the parties. Rather, the mediator tries to guide the parties toward a resolution that is acceptable to both of them. Once such a resolution is reached, the mediator will assist the parties in reducing their agreement to an enforceable contract. Unlike a trial in which one party wins and one party loses, in a mediated agreement, both sides win. Should the mediation process fail to produce a resolution acceptable to both parties, the parties are still free to pursue their other legal remedies, such as arbitration or litigation.
Why Mediate?
Mediation offers several advantages over litigation. Mediation is confidential, faster, and less expensive than litigation. The parties maintain control over the mediation process, and can, unlike a judge, search for creative solutions for their dispute. Often, personal relationships can be preserved or even strengthened through open and honest dialog in a safe environment. Any agreement reached through mediation is final, as opposed to a court judgment which may be subject to costly appeals that can drag out for years. Perhaps the best argument in favor of mediation is that it works.
When is Mediation Appropriate?
Mediation may be used for virtually any type of dispute with the consent of the parties. The process is particularly appropriate for divorcing parents, to resolve issues such as custody and parenting time while minimizing the harm to their children that inevitably results from litigation. Mediation is effective in a host of other disputes also, including Landlord vs. Tenant; Consumer vs. Merchant; Employer vs. Employee; Homeowner vs. Contractor; and Neighbor vs. Neighbor. Virtually any dispute that might end up in court may be mediated, including accident claims, and even, in rare instances, criminal cases.
Mediation for Divorcing Spouses
Oregon’s courts are mandated by state law to implement a program of mediation for divorcing spouses. In Oregon’s Fifteenth Judicial District, comprised of Curry and Coos Counties, all individuals undergoing a dissolution of marriage are required to attend a mediation orientation program. I offer a one hour court approved mediation orientation class on the first Tuesday of each month at 2:00 p.m. at the Chetco Community Library in Brookings. To sign up, call or contact Lori at the State Court Clerks Office in the courthouse in Gold Beach at (541) 247-4511. There is also a mediation orientation class in the courthouse in Gold Beach on the third Thursday of each month. For more information, or to sign up for that class, contact the Coastal Center in Coos Bay at (541) 267-2113. These programs are paid for by funds generated by the court system.
In cases involving child custody and visitation where the parties and the mediator believe that mediation will likely lead to a resolution of the disputes, the mediator or a party may petition the court to approve up to four hours of mediation at the state’s expense. The court will consider these requests as long as the mediation fund has money available to cover this cost and still provide monthly orientation sessions.
Click here for an open letter to my attorney colleagues.
Mediation is Cost-Effective
The process often takes less than one-half day at a cost comparable to a deposition of equal length. There is no formal presentation of witnesses or experts, providing considerable savings in money and time. ADR service providers indicate eighty percent of cases mediated settle on the day of the mediation. Even where a case does not settle, mediation provides better case focus and issue identification and may lead to an agreement to use other ADR procedures.
Arranging a Mediation
If you are interested in settling your dispute out of court, you or your lawyer should call my office to make arrangements. It is important to indicate in your initial call to my office that you are interested in my services as a mediator, and not my legal services. Because it is crucial that I remain impartial as a mediator, I avoid any direct personal contact with either of the parties prior to the actual mediation session. My assistant will contact the other party or their attorney and make the necessary arrangements for an initial session.