Mediation

Mediation describes a process where parties with a dispute work with a neutral person, normally an experienced attorney, who assists them in resolving the issues in dispute.

The mediator is paid an hourly fee, which is normally divided by the parties but may later be assessed to one party as court costs.

Each party may bring an attorney to mediation, but it is not required. Neither party is obligated to accept any particular proposal. Communications and settlement offers during mediation normally may not be used in court.

Mediation enables a certain result versus an uncertain and expensive outcome through litigation. 

Courts will sometimes require parties to attend mediation before a trial, especially in cases involving children.

Parties are wise to draft and sign a written agreement following any successful mediation. If a legal case is pending, a judge will need to approve your agreement in court.