MEDIATION | Mysite

WHAT IS MEDIATION?

(Click photo for printable brochure)

Mediation is a process where a

neutral third-party mediator,

helps people in conflict find

a mutually acceptable resolution.

Mediation is an efficient and

cost-effective way to resolve disputes.

It can be used to settle legal disputes, mend relationships at work, or help families reduce conflict. The key to mediation is that it opens a door to resolution, whether it occurs during or after mediation, and helps to expedite a negotiated settlement. Mediation is voluntary and can take place in person, by videoconference, or by telephone.

The mediation process typically includes the following stages:

Preliminary stage: agree to mediate and Preparation
Negotiation stage: share Information and find solutions
Closing stage: Mediator’s Memorandum and Attorneys’ Agreement

WHAT IS THE ROLE OF THE MEDIATOR?

The Mediator is a trained and experienced professional available to help parties reach a mutually acceptable agreement. The mediator's role is to facilitate communication between the parties, help them understand each other, and find solutions. Mediators do not take sides or reveal confidences. Also, the mediator does not provide legal advice, counseling, therapy to either party but may express legal opinions on the merits of the case and make recommendations to the extent it helps facilitate a settlement. The parties rely upon their attorneys advice and upon their own judgment in arriving at a resolution of the dispute. The parties have the right to consult with and have an attorney present.

IS MEDIATION CONFIDENTIAL?

YES. All mediation communications and documents stay confidential and privileged. any information obtained during mediation cannot be used against any person, and the mediator cannot be called as a witness, to the extent allowed by the Uniform Mediation Act 710 ILCS 3/1, et seq.

All persons who take part in mediation will sign a "Confidentiality Agreement," provided by the mediator prior to beginning mediation.

MUST THE PARTIES MEDIATE IN GOOD FAITH?

YES. The parties must agree to mediate in good faith with a sincere desire to reach a mutual resolution of their dispute, otherwise there will be no resolution. Either party, or the mediator, may terminate mediation at any time if efforts become futile or inappropriate. If mediation is terminated prior to conclusion, the parties will still be responsible for the mediator's time and expenses.

IS MEDIATION IS APPROPRIATE IN ALL CASES?

NO. Mediation may be improper in situations where there is a lack of good faith; where one party has significantly more power and resources; there is a conflict of interest between the mediator and one of the parties or any other impediment, such as domestic violence. The Illinois Mediation Act 710 ILCS 35/6 et al., Domestic Violence Act 750 ILCS 60/1 et al., and Abused and Neglected Child reporting Act, 325 ILCS 5/1 et al., mandate that all parties report any prior, or threat of violence, abuse, neglect, harm, or planning the commission of a crime.

CAN I MEET WITH THE MEDIATOR IN PRIVATE?

YES. The mediator is authorized to have a private meeting, or communication (called a "caucus") with a party or their counsel, separately without the other party or their counsel present. This happens a lot and it is the "guts" of mediation. All communications or documents shown during a private caucus with the mediator, will not be revealed to the other party, unless otherwise allowed.

CAN I CONSULT WITH MY ATTORNEY OR OTHERS DURING MEDIATION?

YES. In fact, it is strongly encouraged to consult with your attorney, and to have your attorney present at mediation. Other third parties such as accountants or experts may be allowed it assists to resolve a case. For example, in custody cases minor children sometimes take part if the parties and mediator agree. The child's age and maturity will be a deciding factor.

WHAT DOES MEDIATION COSTS?

Private mediators, who are attorneys, will charge between $250 and $500 per hour, plus any expenses, for all time spent by the mediator, regardless of the mediation outcome. My firm charges $400 per hour. The average total is between $3,000 and $8,000, depending on each case. However, the parties typically split this cost, so they only pay one-half of these fees. The parties will sign a mediation agreement with my firm, with a $1,000 deposit from each party before mediation starts.

DOES THE MEDIATOR PREPARE THE AGREEMENT?

No. The mediator will prepare a non-binding Memorandum of Understanding which summarizes the mediation upon conclusion or termination. This is used to assist the parties and attorneys prepare a legally binding agreement between the parties.

WHAT HAPPENS IF THERE IS NO RESOLUTION?

The parties will continue with their legal case.

But the inability to reach a full agreement does

not mean the parties have failed. To the

contrary, mediation advances a case towards

a settlement quicker than an unmediated case. The mediation process helps identify significant issues and clarify each party's priorities, points of agreement and disagreement. This allows the parties explore areas of compromise and find creative solutions. It opens the door for further negotiation. In fact, many cases settle soon after mediation. So, mediation is never for naught.

WHAT'S THE DIFFERENCE BETWEEN LITIGATION AND MEDIATION?

Litigation versus mediation is best weighed by comparing each issue under both methods. The result is mediation wins over litigation. Studies have found that 90% of all are settled and compliance with the mediation agreement is much higher.

LITIGATION vs MEDIATION

Click Chart to Enlarge

Contact My Office:

Legal Resolutions, LLC

Hon. Edmund Ponce de Leon

Retired Circuit Judge

77 W. Wacker Drive #4500

Chicago, Illinois 60601

(312) 863-8610

Edponce1708@Gmail.com