Frequently Asked Questions

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Yes. Everything shared during a mediation session, including information, settlement offers, and discussions, is confidential and cannot be used in court. Each participant will sign a Confidentiality Agreement prior to the mediation.

Yes.  Parties may attend mediations sessions with their attorney/representative.

Seasoned mediators focus on the primary concerns of the parties instead of just one side's point of view, perspective, or position.  The role of the mediator is to help the parties: (1) determine whether mediation will be effective in resolving the dispute; (2) negotiate their interests effectively; (3) design the mediation process to the goal of establishing agreed-upon ground rules; and (4) conduct the mediation session impartially.  

During mediation session, parties are encouraged by the mediator to discuss their positions, perspectives, frustrations, interests, options, and issues in a constructive way which will contribute to a negotiated compromise, memorialized in a settlement agreement.  An effective mediator guides the parties in managing their emotions and maintaining dignity throughout the mediation session.

The mediator does not unilaterally propose settlement options, but the mediator should prove useful in identifying areas for further exploration in developing settlement options.  The parties, not the mediator, maintain full control, ownership, and responsibility of the options available to settle the matter.  The mediator facilitates and assists in developing a resolution.

No.  Settlement if completely voluntary, but the mediator will help the parties explore options.  No party will be compelled into a settlement agreement.  If a settlement is not reached during a mediation session, another mediation session may prove useful and can be scheduled.  Otherwise, the mediation session will end and the parties will pursue other options, including litigation.

Time. You are in complete control of the length of time it takes to resolve a dispute.  Most cases settle and do not proceed to trial, so the issue is more about the timing of settlement.  Mediation focuses on settlement negotiations early in a dispute so that a resolution can be reached more expeditiously.  

Money.  An early mediation saves litigation expenses and other monetary costs related to handling the dispute.  Cook ADR bills at an hourly rate, does not require a retainer, and bills in half-day and ful-day increments as well, saving additional money.

Control.  During arbitration or trial, another person makes a decision for you.  During mediation, the mediator does not make a decision for you or compel you to accept a settlement offer.  You maintain full control over the scope of the mediation session.

Confidential.  All mediation sessions are confidential and each participant signs a Confidentiality Agreement.  Discussions during mediations may be frank without worrying about that information being used later during litigation.

Relationships.  Mediation may be a useful option in situations where the parties will continue with a working relationship after the dispute is resolved, such as parents and/or business partners.

If a settlement if not achieved during a mediation session, other mediation sessions may be scheduled if further discussion/negotiation will be productive.  Otherwise, the dispute proceeds to other forums, such as litigation.