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Frequently Asked
Questions
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When To Mediate ?
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What If I Have Been Ordered To Mediate ?
- Do
I Need An Attorney ?
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Who Attends The Mediation ?
- Where Can I Get Counseling Services ?
When To Mediate ?
Mediation is a dispute resolution alternative to a costly
trial. Conflicts can be mediated any time prior to a lawsuit
or after a lawsuit is filed. You can propose mediation
at any stage of a dispute, regardless of your status as a
plaintiff or defendant.
Parties often settle disputes out of court through mediation
to avoid the expense and time restrains. Mediation can
be an effective tool to use before pre-trial or during
trial.
What If I Have Been Ordered To Mediate
?
When you have been mandated by the court to mediate your
dispute case is referred to a court-annexed ADR (Alternative
Dispute Resolution) mediation program. Typically the parties
have 10 days to select their ADR process and mediator.
The plaintiff or plaintiff’s attorney must contact the
mediation office with the name of the registered mediator,
the date, time, and location of the mediation session.
This must be agreed upon by all parties involved.
Failure to notify the mediation office within the 10 days
time limit will result in the appointment of a mediator by
the mediation office from a registered list. A date,
time, and location for the mediation will be scheduled, none
of which will be changed unless good cause is shown to the
assigned judge.
Do I Need An Attorney ?
Mediation does not require representation by legal counsel.
However, retaining an attorney for legal advice,
understanding the law, to make informed agreements, and to
review an agreement is highly recommended.
The mediator can not give legal advice and does not
represent either party. The mediator only facilitates
as a neutral; the parties come to their own agreement.
Who
Attends The Mediation ?
The mediation session is limited to the parties involved
and their representatives. Business entities are
expected to have an authorized representative present to
make decisions concerning the resolution of the dispute.
No other parties shall attend the mediation session without
the expressed consent of the mediator and the other parties.
Childcare is not provided for the mediation process. Please
make child care arrangements prior to your mediation.
Where Can I Get Counseling Services ?
Being that
Peacemaker Mediations is a subsidiary of The Wounded Heart
Ministry, Inc, Christian counseling services are provided
through the Wounded Heart Ministry, Inc. More
Information can be found at:
www.woundedheartministry.org
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