What is Mediation?
Mediation is a process of alternate dispute resolution that allows two parties to reach a solution without having to resort to arbitration or litigation. The process is done by consulting with a third party known as a Mediator who helps the two disputants reach a compromise to fix their problem.
When is the best time to hire a Mediator?
The best time to hire a Mediator is as early into a dispute as possible. By hiring a mediator earlier on in the dispute process, you will have a greater chance of reaching an amicable solution and both parties will be more agreeable to solving their dispute and avoiding the possibility of costly, consuming litigation.
Are all Mediators the same?
No, in fact selecting the right mediator for your needs is incredibly important to achieve a desired result for both parties. New Jersey Real Estate Mediation, LLC has experts in a variety of dispute categories that can suit almost any situation. Choosing an inexperienced, untrained mediator can often make a dispute worse, which will often lead to an undesirable result for everyone.
What are the cost savings?
The cost savings of hiring a New Jersey Real Estate Mediation, LLC Mediator are extremely beneficial for many reasons. Financially, a mediator is a substantially less expensive option than hiring a lawyer. Unless predetermined, attorney fees are often billed by the hour and without a cap or cut off amount. The lack of a cap, longer hours, and an expensive hourly rate often causes a client to spend significantly more on these services than what their budget allows. Mediators usually charge a smaller fee for their services, commonly reach resolution during their first or second joint session and allow their clients access to capping their costs.
Another cost saving benefit is the lack of a true winner or loser. If a lawsuit goes to litigation, it not only will become prohibitively expensive and time consuming, but it will destroy relationships. Mediation allows for compromise which maintains relationships, rather than severing ties between clients, businesses, individuals etc.
What are the time savings?
Mediation is a service that offers substantial time benefits as well. Attorneys are subject to certain jurisdictional procedures which require submitting documents to the court, waiting for a trial date, and spending significant amounts of time preparing for trial. Mediators need time only to review supportive materials and complete a joint session which typically only lasts a few hours depending on the complexity of the dispute. A trial can sometimes go on for years!
How can I hire a mediator?
You can hire an experienced mediator by calling (O) 732.428.7222 (C) 732.580.6394 or by sending an email to njrem@optimum.net (New Jersey Real Estate Mediation, LLC)
How does the process work?
New Jersey Real Estate Mediation, LLC uses a proven 10-step system in order to reach a solution among disputing parties. The disputing parties will meet in a joint session where each is given the opportunity to tell his/her position. Next, the two parties meet with the mediator privately where a proposal is developed. In the majority of scenarios, a few proposals are sent back and forth until a solution is reached.
How long is the entire Mediation Process?
It is dependent on a number of factors, including but not limited to the number of individuals involved, cooperation of all parties willing to come to terms within a reasonable amount of time and the complexity of the dispute and providing requested documentation by the mediator to review the case. The typical proceeding usually can be concluded within one or two joint sessions. Discuss this with your mediator to arrive at a reasonable timeframe.
Where does the Mediation take place?
The actual mediation will take place at a Mediation office or neutral site agreed to by all parties. During mediation it is imperative to keep things balanced, therefore we do not allow either party to pick a location that would give them a “home court advantage”.
Is the cost of the Mediation capped?
The cost of the mediation can be capped if the client prefers it. This is one advantage of choosing a mediator rather than a lawyer. Generally, there is an hourly fee for mediation services. However, we will happily offer our clients a capped service so that they will not experience ‘run-away train’ billing that is often associated with attorney fees once it is determined by the Mediator the time and effort it will require to come to a settlement.
What are some examples of where Mediation can work?
Mediation works everywhere. It can be used to help end simple disputes among friends, family, partner or to solve complex issues between Fortune 500 companies. (Please view Workouts, Bankruptcy, Divorce and Related Mediation Consultation for a selected sample of additional mediation issues). The method of mediation offers great flexibility in being able to deal with almost any kind of dispute. The only situation where mediation will not work is where one party has no intention of reaching a true solution. However, if a party has no intention of solving a problem, it will be discovered in the initial stages of the mediation process.
Do I Need a Lawyer at Mediation?
Although the presence of an attorney is not required, you may bring one if you are unsure how to proceed with mediation or feel more comfortable with representation. This will increase your costs. You have the option of seeking a lawyer’s advice prior to mediation or using a lawyer’s services to help you prepare to represent yourself. One key to successful mediation is to identify what you need in order to feel comfortable during the process.
Am I Entitled to Use Witnesses?
Ordinarily witnesses are not necessary, since parties are not attempting to “prove” a case. Sometimes a witness can be helpful and might be invited to participate at the discretion of the mediator and with the agreement of other parties. Because all parties must agree to witnesses’ participation, you should contact the case administrator prior to the mediation to obtain such agreements.
What if Mediation Does Not Resolve My Dispute?
While statistics show that mediation is highly successful, the parties are free to pursue any other available system of dispute resolution in the event the mediation does not resolve the dispute. Even if this is the case, mediation can still prove valuable by narrowing areas of dispute and allowing the parties to express their grievance, thus allowing future proceeding to be more efficient and focused.
New Jersey Real Estate Mediation, LLC
Heritage Manor, 2809 Concord Drive, Wall, New Jersey 07719
(O) 732.428.7222 (C) 732.580.6394 (Email) njrem@optimum.net