General Mediation/Arbitration Information
(Excluding Family/Marriage Cases)

What is the difference between mediation and arbitration?
Mediation is a process where disputing parties are brought together by a trained neutral to facilitate productive discussions, identify key issues, engage in creative problem-solving, and create a written settlement. A good mediator will help the parties take a realistic look at their dispute and deal with it honestly and effectively.

Mediation is confidential and voluntary. The mediator is not a judge or decision-maker. Instead, the mediator is a skilled facilitator who explores as many options as possible with the parties to come to a win-win solution. The benefit of mediation is that the parties retain control over the outcome of their dispute, rather than relinquishing that power to a judge or arbitrator.

Arbitration is a process much like a court trial. In arbitration, the disputing parties submit their case to a trained, neutral third party, for fact finding and judgment. There are two types of arbitration:

• Binding Arbitration results in a decision by the arbitrator which is binding on the parties, and is enforceable by the courts as a final judgment.

• Advisory Arbitration results in a decision which is not binding, nor enforceable by the court. The purpose of advisory arbitration is to facilitate settlement by giving the parties an indication of the likely outcome of the case, should it proceed to trial before the court, or in a binding arbitration.

Does Mediation Law Group represent parties in court?
No. MLG only provides neutrals who serve as Mediators or Arbitrators. MLG does have a list of trusted law firms to which inquiries for attorneys are referred.

Can parties have attorneys and still participate in the mediation and/or arbitration process?
Yes. It is not uncommon for parties to mediate their disputes without lawyers present. However, parties often engage the assistance of attorneys in arbitration and in mediation, particularly where a dispute is large and/or complex. MLG does not prohibit nor discourage the advice or assistance of lawyers.

What can I do to get my dispute into mediation or arbitration?
The best place to start is by reviewing our “How It Works” page. There you will find the forms to initiate mediation or arbitration of your case online or by fax.

Once you submit a request to initiate mediation or arbitration, our Case Administrator will contact you to schedule a hearing and obtain any additional information necessary. If you prefer, the Case Administrator will also contact the other party, provide information about Mediation Law Group’s services, and invite the other party to participate.

If your matter is urgent and you need faster assistance, please contact the Case Administrator directly at 1-866-836-3633 or by High Priority email.

For more information on MLG’s business, real estate, employment and personal injury mediation and arbitration services, click here.

Faith-Based Mediation/Arbitration Information
For the basics on mediation and arbitration, see the definitions under the General Mediation/Arbitration section above.

How does faith-based mediation and arbitration differ from “regular” cases?
Our mediators and arbitrators are also specially trained in handling disputes involving Christian individuals and organizations. In addition to their sophisticated negotiation and dispute resolution skills, the neutrals reference biblically based interests of justice and reconciliation as a foundation for settling these matters.

Parties to faith-based mediation and arbitration are asked to complete MLG’s Christian Dispute Planning Guide prior to their hearing. The Planning Guide walks the parties through the scriptural principles of healthy attitudes and behavior for the mediation process, recognizing and owning their contribution to the conflict, interest-based approaches and the importance of resolving faith-based disputes out of the public court process.

The MLG faith-based mediation style is to direct the parties to consider not only their interests, but also the best interests of each other. Principles of forgiveness and reconciliation are examined. Pastoral support and professional counseling is encouraged. The MLG faith-based mediators are not therapists nor are they pastoral counselors. As Christian neutrals, they are mindful of the directives in scripture, while honoring the principles of self-determination. That is, the MLG faith-based facilitative mediation process is designed to work within the parameters of the decisions the parties have made.

For more information on MLG’s mediation and arbitration services for faith-based disputes, click here.

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Marriage & Family Mediation Institute FAQ

What is family mediation?
Mediation is an alternative process that separating couples or families in conflict may use to resolve their differences. Mediation enables clients to be directly involved in the decision-making that forms the settlement of the issues in their divorce or other dispute, with the help of a trained mediator rather than have legal counsel negotiate for them. In mediation, you will be making all of the decisions. The mediator has no decision-making power. Thus, it is important for you to consider how you can best represent your interests in mediation, as well as the results that you would like to create in mediation.

What is a family mediator?
A family mediator is a trained professional who assists parties in their own negotiations. A mediator does not make decisions for the parties. Rather, a mediator provides an environment for parties to negotiate their own agreement. A mediator assists both parties to define the issues, recognize interests, facilitate the generation of options and write an agreement.

What mediation is not:
A mediator is not a judge and will not make decisions for either party. Mediation is not counseling and does not deal with the issues of the past but is a process for taking control of the future. Mediation is not the giving of legal advice, although legal information may be provided where appropriate.

Who should use family mediation?
Mediation is for those who wish to separate or divorce with a minimum of expense and emotional turmoil, who wish to limit parental conflict for the sake of their children, and who desire to preserve a sense of privacy and control over major decisions in their lives.

What are the benefits of mediation?
Mediation promotes communication and cooperation, now and later. Mediation allows you more control in the decisions affecting your life. Mediation usually requires less time and is typically less costly than litigation. Mediation uses objective, third party involvement.

Costs and Process:

How long will the mediation take and how much will it cost?
Unfortunately, it is hard to predict with absolute precision how long your mediation will take or how much mediation will cost. These issues depend primarily on how agreeable and cooperative the participants are, and how well prepared you are when you come to your mediation sessions. Generally, for separation, divorce, family, business and organizational matters, you will meet between two and six times for approximately three hours each meeting. At the conclusion of your mediation, the mediator will draft a comprehensive mediated agreement designed for easy court filing by an area attorney or paralegal service. Please see the Resource List for referrals to flat fee attorney or paralegal filing service providers. The drafting cost of a comprehensive mediated agreement generally ranges between $1,000 and $3,000, sometimes less for trial separation agreements. Your mediator will be as specific as possible in this regard once he or she has a better understanding of your situation.

What we do know is that on average, the cost of our mediation services is approximately 20% of the cost of a case if it were to be handled through the traditional court process, with both parties retaining their own attorneys and letting the court make the decisions for them and their family.

What if we already agree on some things?
Fantastic! The first thing that we want to do in mediation is to identify what you already agree on. We will use those points of agreement as a foundation for your overall agreement. Sometimes, the concepts that make sense to you on certain easy issues can be applied to resolve other issues as well. We want to be certain that you make well-informed decisions and that you consider all the issues involved in your decisions. What is included in your agreement is up to you. Our goal is to support your well-informed decision-making.

What are our chances for success?
Over the years, approximately 90% of mediating parties have reached comprehensive resolution. This high success rate is due to most participants being highly motivated and prepared to reach agreement.

What if we don't reach agreement?
In mediation, all discussions and materials, with very few exceptions, are confidential. If no mediated agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolutions will not be admissible in any court or other adversarial proceeding.

Who pays for mediation?
Responsibility for mediation fees is an issue to be decided by the mediation participants. We encourage you to consider sharing fees to some extent, so that all will benefit from expeditious and economic resolution.

What about individual attorneys?
In some mediation discussions, attorneys are present and represent the parties. In other mediation discussions, attorneys are not present, but are available as an outside resource for consultation. Participants need to decide how actively involved, if at all, they would like legal counsel to be. As mediators, we are ethically bound, at a minimum, to advise you to have any mediated settlement agreement reviewed by individual legal counsel prior to your signing that agreement. We have found that it works best for mediating parties to obtain one to four hours of individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by legal counsel's review of a near-final draft agreement, and by counsel's review of the final agreement. We believe that this minimum level of consultation will dramatically elevate your comfort and confidence in the final agreement.

What about utilizing experts?
It may make sense, in a particular case, for mediation participants to retain mutually trusted experts. For example, participants may desire a trusted valuation of real property, personal property or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant or tax expert. Mediation participants with parenting concerns may find it beneficial to obtain the thoughts and recommendations of a trusted child psychologist.

When the parties can’t agree on a necessary expert (such as an appraiser, business broker, etc.), they often appoint the mediator to select a neutral expert and agree to go with the mediator-appointed expert’s findings.

What else can I do to prepare?
Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by clarifying your desired outcomes and the concepts of fairness. Stated otherwise, take time to answer the questions "What do you want?" and "How will you know that it is alright to agree?" Also, make appointments on your calendar to complete the Mediation Planning Workbook and any “homework” the mediator may give you between meetings. Be sure to keep those appointments with yourself – by taking the time to prepare, you are giving yourself and your family the best opportunity to come to quick and satisfying agreements.

At the Marriage & Family Mediation Institute, we encourage parties to seek the support and counsel of their pastors or priests, as well as appropriate counseling or therapy. Conflict under any circumstances is stressful and takes a toll on people emotionally and physically. We encourage you to take charge of your spiritual, emotional and physical health as you prepare for mediation. Identify your needs and don’t be afraid to seek help from others.