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The mediator reports the outcome of the mediation through a written memorandum to the Courts. If the parties reach an agreement, it is reduced to writing, signed by the parties and submitted to the Courts. The fee for court-ordered mediation is $65.00 per hour per party.
Mediation involves the intervention of a third person, or mediator, into a dispute to assist the parties in negotiating jointly acceptable resolution of issues in conflict. The mediator meets with the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions.
Mediation typically results in settlement when the parties are able to find a resolution to the case that, all things considered, is better for everyone involved than continued litigation. Factors that favor settlement over litigation include speed, cost, certainty, control, risk reduction and flexibility.
Once the parties agree to mediation, the next step is to put the settlement terms in writing. After it is in writing, both parties sign the settlement agreement.
Disadvantages Not compulsory; Concerns exist around the enforceability of a mediation agreement; All parties must agree to a resolution as the result is not guaranteed; Can be difficult if either party are withholding information; Mediation may not be appropriate if one of the parties required public disclosure;
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