What is Mediation
Mediation is a process where the parties in dispute come together in an effort to resolve their differences with the help of a neutral party called the mediator. The mediator is there to assist the parties with efforts to move towards an agreement where each can be satisfied. The agreement is crafted and agreed upon by the parties rather than being told by a judge declaring your conclusion. Further, mediation is a process that does not have the conflictual nature of a typical court battle. When a case goes to court, parties are typically out to win. In the court model, many times a winner implies there must be a loser. Mediation has the focus of everyone involved being a party to the decision making process with the hope of a win win resolution. If you find yourself in a dispute (such as divorce, child custody, conflicts between neighbors, families, work associates, landlords and tenants, employers and employees, and on the list could go—most non criminal cases are possible candidates for mediation), mediation may be the best method to arrive at a resolution. In mediation, the process requires less conflict, outcomes are more likely to be followed, the process is confidential, and is typically, far less costly and less time consuming than litigation.
Why use a Mediator
Life lived with and around other people is what helps bring us joy and happiness. Relationships are what helps life to be fulfilling. Think about all the things we do in life, from jobs to vacations, these activities are ultimately about having experiences that often are done with those we care about or have shared interest. The unfortunate side of sharing life with others (both privately and in the business world) is there will inevitably be conflicts. Many, if not most, conflicts are able to be resolved and the relationship is able to move forward in a natural and somewhat seamless fashion. However, there are times when these differences are either so severe or create what seems to be an impasse in the relationship. This may be the time to get a mediator involved. A mediator is a neutral person who can help to facilitate a conversation. This conversation is directed in a manner that attempts to get at the interest of each party and then to help work towards a solution that can, hopefully, benefit each party. The mediation process is one that is designed to allow the parties to have the most control possible without the need for an adversarial conflict as you may experience in a traditional litigation process.
Advantages of Mediation
How is mediation any better that tradition court proceedings or litigation?
If you choose to go to court, litigation can be very costly. In mediation, you can reach an agreement that you are involved with creating that allows for great potential savings.
A trial or court proceedings can go on for long periods of time. Mediation can be completed in a much shorter time period due to all the parties being involved with coming to a resolution.
In the court pattern of dispute settlement, you have attorneys arguing before a judge with the judge making the determination of the conclusion. In mediation, you are directly involved with the discussions with the mediator there to help move the discussions along to arrive at agreement that the parties have come to through the mediation process. It truly is your agreement.
When a case goes to court it typically follows more of an adversarial pattern of negotiation. In a typical mediation, the parties are encouraged to work together in a give and take model to arrive at a resolution that each can be satisfied with as they move forward.
A traditional court case that is not settled will likely land you in a court room before a judge which can be intimidating. Mediation can take place at many different locations including through video conferencing allowing for a more comfortable experience.
Court tells you when to be there and determines when it is over. The nature of mediation is such that the participants need to want to be involved with the efforts to arrive at their resolution. Participants and the mediator can end mediation at any time. Some time courts will order a case to mediation, so you will have to at least indicate a good will effort. If during a mediation you decide you are done, please let your mediator know so they can attempt to remedy the issue[s] so you can complete the mediation and arrive at your resolution.
Why I am a Mediator
Conflict is a normal part of life lived with and around other people. Most of us are doing good to not have conflict with ourselves, so conflict with others is inevitable. Most times we are able to work through differences and move on having learned things from the encounter. Other times we find our situation coming to an apparent impasse and can benefit from a neutral third party coming alongside our dispute to help move forward to a resolution. My greatest joy is helping people to get past a struggle allowing them to thrive as they move forward unencumbered by the prior burden. More specifically,
I am a Christian and know that Satan uses conflict to cause division in God’s Church. I can think of nothing greater than to help Christians who are in conflict to arrive at a solution that resolves the dispute and allows the parties to walk away still being able to fellowship together as God’s family. I am thankful for this tool called mediation to assist people settle issues so they can move forward without the continued burden of the ongoing conflict.
CORE Mediation Process
Reserving Time/Location and Mediation Fees
It is imperative that you make the appointment as soon as possible. Depending on the events already booked, the mediation could occur in a few days or weeks out from when you call to schedule (334-657-6366; JeremyGillentine@gmail.com). CORE Counseling and Mediation charges $200 per hour with a 4 hour minimum to schedule a mediation. This fee is due before the date and time will be finalized. Fees are split equally between the parties unless a different payment plan is arranged and agreed to by all. We are considered as being in the mediation process once this fee has been paid. This means that all communication regarding the mediation is confidential. The $800 fee is non refundable unless the mediation is cancelled seven [7] days prior to the scheduled time. Fees for mediations not canceled prior to the seven [7] days, due to circumstances beyond the control of the parties, will be rolled forward to the newly scheduled time.
Mediation Preparation
It is highly encouraged that you have an attorney, though you are not required to have one. Prior to coming to mediation, you will need to get information together that is needed to help the process move forward to a resolution. These items vary from situation to situation. For example, a property line dispute would need to bring items such as a current survey, plat map, neighborhood covenants, etc., where a divorce case would need to bring items such as current and accurate financials, assets, list of shared custody dependents, etc. Parties are welcome to submit their position statements (a minimum of seven [7] days before the scheduled mediation date) so the Mediator will be aware of the general details upon arrival at the mediation. The Mediator will bill for the time to review the statements and any other information provided as well as phone calls (billed in 15 minute increments at $200 per hour). All fees will be collected at the conclusion of each day of mediation so plan accordingly to have funds available for your portion. If there are any concerns regarding safety (specifically, domestic violence of any type), it is IMPORTANT that you let your Mediator know this at least seven [7] days prior to the scheduled mediation.
Mediation Day (In-Person or by Zoom)
First and foremost remember today is about reaching an agreement so the issue[s] at hand can be resolved, allowing the parties to move forward knowing there has been a resolution. Each Party must have in Attendance a Person with Settlement Authority (See Rule 6 Alabama Civil Court Mediation Rules). Only those persons who are Parties to the mediation should attend the mediation (there is an exception under the Alabama Civil Court Mediation Rules regarding domestic violence cases and Parties not represented by an attorney—See Rules 6 & 10). In all cases, if you believe it would be advantageous for another person to attend, you will need to get this person cleared by the Mediator prior to arriving at mediation.
Mediator Opens Session
The Mediator is present to help negotiate an agreement between the parties. It is highly advised for each party to have an attorney, however, you are not required to have an attorney. If you choose not to have an attorney, you will need to know what information (documents, pertinent facts, etc.) may be necessary for your time in mediation. The Mediator’s roll is not to be the counselor, tell you what to do, or to give any legal advice. The hope of the Mediator is to help the Parties to develop an agreement that will help the Parties not feel like there is a loser and a winner. During the process, each Party will go through some give and take to arrive at an agreement both Parties find to be acceptable. The Mediator can be available at times for phone calls and will be glad to read position statements (general details of your case) from the Parties prior to the actual mediation day[s] (fees apply).
Introductions and Clarification of what Dispute[s] will be Discussed
This short segment is to introduce parties and their representatives in cases where parties may not already be familiar with one another. This is to put forth clearly the issues we are all in agreement we are together to discuss. We will also attempt to put forward an agenda to help keep us on task.
Opening Statements by the Parties
Depending on the situation and the participants demeanor and conflict styles will determine if the parties remain in one room throughout the process for the entirety of the discussions, begin together and then separate into private rooms (known as going into private caucus), or if each go into caucus for the entirety of the discussions. Various people prefer one model over the other, so I do my best to accommodate the preference of the parties and their representatives. Opening statements are when each party will make known their position on the matter we are together to resolve. This is when cases with personal hurts will have the temptation to make jabs at the other party or to make clear the wrongs of the other party. Some of this may be deemed necessary to present one’s case, but please keep in mind we are here to arrive at a settlement and not to convince others present of the wrongs committed. Remember, I am not a judge, but a facilitator to help you resolve the case so you can move forward apart from the case looming over you indefinitely.
Negotiations
Occasionally parties choose to stay together and literally have a very mature back and forth dialogue so that we can negotiate in real time. This is, typically, the quickest, most cost efficient way to do mediation. However, many times emotions may be flared due to the type dispute being resolved. Many parties prefer the caucus model where each party is in a private room with their representative. The mediator goes back and forth carrying the positions and offers room to room. This allows for each party to be intentional with their response rather than potentially saying the first thing that comes to mind in a reactionary way. It is important to keep at the forefront of the thought processing that we are working together to settle the dispute. Each party will likely have to give some and take some to arrive at a conclusion where all can be satisfied. This process allows the parties to be able to have direct input on the outcome rather than leaving the outcome up to a third party, such as a judge, who will not know all the details and nuances of your individual situations. Lets work hard to get your case resolved in mediation.
Resolution is Reduced to Writing
Congratulation! You worked hard and have settled on details to reach your resolution. Hopefully you will have attorneys present who can form a statement of agreement for all to sign. If not, I will assist in reducing the details to writing but only in a facilitative manner. I am not you attorney, so it will exclusively be your responsibility to ensure all matters are communicated properly on the document before you sign. It is best to get this agreement signed before we separate, however, if not represented by an attorney, you are encouraged to seek legal advice before signing a binding agreement.
