At the Mediation Firm of Jacobs & Dodds, two types of mediation are offered. The first type of mediation, and the most common, is where a mediator is used to facilitate a resolution of the dispute. The mediator encourages the free exchange of information between the parties during the mediation process and attempts to help the parties separate their feelings from the facts so the parties can clearly see the issues before them. The second type of mediation concerns the evaluation of the dispute itself. The parties, through their legal representatives, are allowed to present their "case" to the mediator. The facts and the law concerning the dispute are explored by the parties through the mediator. In some cases the mediator may advise the parties of his/her opinion of their respective positions and even give his/her opinion of the probable outcome of the dispute if it is to be decided in a court of law.
In simple terms, mediation is a process where a neutral professional facilitates negotiations between two or more parties in an attempt to resolve a dispute.
A dispute is ready to be mediated when the parties involved in the dispute possess sufficient information to understand the issues involved, and settlement discussions between the parties have not been fruitful or have broken down completely.
Mediation is not arbitration. Arbitration is a process where a neutral third party is brought in to hear and consider facts and law presented by the parties to the arbitration, and then to render a binding or non-binding decision.
With respect to arbitrations, the firm handles binding and non-binding arbitrations.
