<![CDATA[Forward Motion 411 - Mediation FAQs]]>Fri, 11 Mar 2016 00:51:49 -0800Weebly<![CDATA[Aren't mediation and arbitration pretty much the same thing?]]>Wed, 20 Mar 2013 14:38:41 GMThttp://www.forwardmotion411.com/mediation-faqs/arent-mediation-and-arbitration-pretty-much-the-same-thingArbitration is not mediation. Do not get the two confused. 

In arbitration, a trained and licensed person (or panel of people) are designated to make a decision regarding a disgreement you are having with another party. You are both given the opportunity to make your case and present your evidence to the arbitrator. The arbitrator then makes a decision that is legally binding on both you and the other party. This means you are legally required to do what the arbitrator decides - just like you would be if a judge had told you to do it in court. A decision will always be made if an arbitrator is involved. 

A mediator will provide a neutral, confidential environment for two parties who are disgreeing. It gives them a chance to talk things out and try to resolve the issue while in a safe space. The mediator facilitates conversations and problem solving. The mediator does not make legally binding decisions. It is up to you and the other party to decide what is best for your case after having a frank discussion. You do not present evidence and the mediator has no decision making powers. If you don't come to agreement, you take your disgreement to the next step. Keep in mind that if you sign a document agreeing to do something during the mediation process (usually called a Memo of Understanding) it will most likley be upheld by the courts should your disagreement end up in court. In a mediation; so if you don't agree, do not sign anything! Also, you can get up and leave at any time if you are no longer willing to mediate. 
<![CDATA[What does confidentiality mean in mediations?]]>Wed, 20 Mar 2013 14:30:37 GMThttp://www.forwardmotion411.com/mediation-faqs/what-does-confidentiality-mean-in-mediationsConfidentiality in mediation means you agree to not discuss what happens during the mediation with others. The other party agrees to not discuss what happens during the mediation with others. And the mediator agrees not to discuss what happens during the mediation with others. This provides a protected environment in which frank discussions can take place and a willingness to negotiate won't be later punished. 

For example, say you are getting divorced and have been sent to mediation to discuss visitation and custody. Your divorce papers say you want joint physical custody but during the mediation you try to negotiate, saying you would allow your former spouse to have primary physical custody if you can have more generous visitation than that being offered by your state. If the mediation does not end in an agreement, your former spouse can't go to court and use your words against you, saying you at one point agreed to granting sole custody. More importantly, neither of you can subpoena the mediator. Any subpoena will be quashed so the mediation does not become a pawn in game playing.

A good mediator will review confidentiality with you before you begin to mediate. If illegal and/or unethical activities are revealed during mediation, the mediator will stop the mediation and call the proper authorities. So if you have broken the law, committed computer fraud, etc. don't discuss it during the mediation because those activities are not covered by the confidentiality clause.]]>