Frequently Asked Questions
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Mediation is a fast, economical, private way to resolve disputes.
It's a process in which the parties involved and a trained, impartial
mediator explore issues and generate options which lead to the creation
of solutions which will work for all parties.
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Mediation focuses on planning the future, rather than concentrating
on the past. Guilt and innocence are not decided. The goal is to
develop a solution which meets the needs of all the participants.
What Happens in Mediation?
During the mediation process, each person is given an opportunity to describe the situation from their own point of view. Trained mediators then guide the discussion, defining issues, so that everyone is solving the same problem and developing creative solutions which best satisfy the needs of all parties. When agreement is reached, the mediator puts the agreement in writing and a signed copy is given to each person.
Reaching agreement is voluntary. Those involved in the dispute are committed to settling their differences. Also, the outcome is created by the disputants and people honor agreements that they create.
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How Much Does Mediation Cost?
Please
click here to view the
fee schedule.
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Types of Mediations
- Neighbors
- Friends
- Relatives
- Divorce
- Divorce Modification
- Separation
- Guardianship
- Probate Disputes
- Business
- Landlord / Tenant
- Employment / Employee
- Merchant / Consumer
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Who Can Take Part?
People can participate in mediation by referring themselves or by having a court order them to attend. Regardless of the referral source, the outcome of mediation always rests in the hands of the parties in the dispute. No solution is ever forced on the parties.
It is Resolution Center's policy to allow only named parties and the attorney of record to be in mediation sessions. Additional persons may wait in the hall in the event that they are needed for input during the mediation.
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Is it Nessary to Have An Attorney?
No, it is not necessary to have an attorney.
If one or more of the parties has engaged the services of an attorney,
please inform the Resolution Center if the attorney will attend and
contribute to the mediation.
In cases in which one party is represented and the other is pro se, the pro se party is asked whether s/he would be comfortable with the attorney in the mediation room. If s/he decides "no", the attorney will be made comfortable in another area of the Resolution Center. His/her client will be allowed to speak to him/her at any time and the client will be instructed to review any agreement reached with the attorney prior to signing anything.
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May Children Attend?
The Resolution Center does not have facilities or staff to tend to children and children are not allowed in mediation. Parties arriving for mediation with small children will be asked to find a resource or to reset the mediation for a time when child care is available to them.
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What Kinds of Issues Can Be Mediated?
Types of issues mediated range from barking dogs in the neighborhood to business/consumer disputes to divorce and custody issues to all types of general civil disputes. The Resolution Center mediates some minor criminal matters (like fighting over a girl/boy) and does some juvenile restitution mediation. The dispute DOES NOT have to be a law suit in order to be handled by the Resolution Center. We try to get people to try mediation before they file suit!
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How Do I Sign Up?
Contact the Resolution Center by telephone or in person. You do not have to have filed a law suit in order to use mediation; you can come on your own. Please have the name, address and telephone number for each person you wish to include in mediation ready when you contact the Resolution Center. We will notify the other parties involved and assist in confirming dates for your mediation.
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Who Will Mediate My Dispute?
The mediators are volunteers trained by the Resolution Center.
They are drawn from a variety of fields, including business, law,
education, medicine, government and human services.
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What is the Cancellation Policy?
In order to deal with the problems created for The Resolution Center volunteer mediators when mediations are cancelled at the last moment or one party fails to appear with no reasonable excuse, the following policies shall be enforced:
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A case cancelled after 4:00 PM Central time on the day preceding
scheduled mediation or in which one party fails to appear at a scheduled mediation will not be reset until the fees for the cancelled session and the new session have been paid in full by the cancelling party. |
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The Resolution Center will allow only one reset per party in a case. The staff will advise persons initiating a reset that they will have only the one reset and to be very careful about choosing a reset date with which they can comply. |
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Other Resolution Center Operating Policies
The Resolution Center will not set mediation in a case in which all parties have not been served for at least one week. Parties have the right to time to find an attorney to defend them.
What we will do is give the requesting attorney a date certain not less than two weeks after the first hearing date. The judges have been very cooperative in agreeing to continue the case until mediation has been completed.
In the original letter from Resolution Center, attorneys and parties are requested to set aside 4 hours for daytime and 3 hours for evening mediation. All participants in the mediation are expected to stay in the session once it has begun.
If an attorney and/or party leaves mediation without the concurrence of all other parties and the mediators and is gone for more than 30 minutes, the mediation session will be terminated.
An additional mediation will not be scheduled until the leaving party has paid the second session fees for all parties.
FOR ALL THE PROCEDURES ABOVE:
The Executive Director of the Resolution Center has the authority to make exceptions to these requirements on a case by case basis.
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