Following are answers to frequently asked questions about mediation. If you have any questions not answered here, please do not hesitate to CONTACT us and we will make every attempt obtain the requested information for you. You can learn more about the steps to take to establish a mediation or arbitration practice on our History of Alternative Dispute Resolution page.
Q: What is Mediation?
A: Mediation is the process by which an alternative dispute resolution (ADR) professional, called a mediator or "neutral", helps the parties reach a resolution of their dispute. It is a non-binding process involving joint and separate meetings of the neutral with the parties in which the role of the neutral is as a facilitator and intermediary. The mediation process is helpful as it educates the parties as to the perceived strengths and weaknesses of their case. The mediation process also serves as a forum for airing emotional differences that may stand in the way of resolving conflict, and thus, may help facilitate a settlement that both sides can be satisfied with much earlier in the adversarial process than could otherwise be reasonably expected.
Q: Who serves as a neutral or mediator?
A: A Neutral is an impartial person who is selected by either the parties or their designated ADR forum to help them attempt to resolve their conflict. For suggested ways to select a mediator, click here. The GAMA E- Directory, Mediation.com, contains an ever growing data base of persons who will perform the role of mediator of your dispute for a fee. The Mediation.com E- Directory is searchable by city, subject matter expertise, credentials and licenses, hourly rate, video conferencing capacity and other search parameters. GAMA makes no warranties or guarantees regarding the information in the Mediation.com E- Directory because GAMA does not screen the information submitted to it by the ADR neutrals listed there. These neutrals pay for a listing with GAMA, and are not affiliated with GAMA, in any role or capacity. The GAMA "Mediator Listing Form" does contain a place for each neutral to list referrals and it is recommended that you do call and verify with other sources the information given before relying upon it to hire anyone to help you resolve your conflict.
Q: What type of disputes can be submitted to mediation?
A: Almost any type of dispute can benefit by mediation, including contract disputes, corporate disputes, claims for injuries, domain name disputes, trademark disputes, and civil right issues. By helping to facilitate early resolution of disputes, the mediation process can save you time and money. Because different states have different statute of limitations which may serve to prevent you from filing your claims with an ADR forum or in court after a certain period of time, it is recommended that you consult with an attorney in your jurisdiction when you first have knowledge that you may have a claim requiring resolution or when you first receive a request to mediation or a demand for mediation so that you may properly and timely present your claims or properly and timely respond to those claims presented by others.
Q: How can I include mediation in my corporate liability limitation plan?
A: You can include mandatory mediation by inserting a mediation clause in your form contracts, construction agreements, articles of incorporation, shareholder agreements, etc. Mediation can be made a mandatory, pre-arbitration requirement, with arbitration being used as a last resort or may be required as part of the process of initiating and filing civil litigation. GAMA has sample form mediation clauses covering a wide variety of disputes available in GAMA's Form Bank, to view, click here.
Q: If there is no mandatory mediation clause in my contract documents covering a current dispute or if my dispute is based on an injury and is not contract related, can I still have my conflict mediated?
A. Yes. If both the parties agree to mediate, they can sign a document, like GAMA Form document #106, entitled "Agreement to Mediate" or begin the mediation procedure by contacting an ADR forum.
Q: If my contract includes a mandatory mediation clause, how do I begin the mediation process?
A: If your contract designates an ADR forum to facilitate mediation, then the first step is to contact that ADR forum. If no ADR forum is designated, then to begin the mediation process simply serve a document like the "Demand for Mediation", GAMA Form #105 upon the other side to your dispute or by contacting an ADR forum. To see this sample form, click here. Because different states have different statute of limitations which may serve to prevent you from proceeding with your claims after a certain period of time, it is recommended that you consult with an attorney in your jurisdiction when you first have knowledge that you may have a claim requiring mediation or when you first receive a request to mediation or a demand for mediation so that you may properly and timely present your claims or properly and timely respond to those claims presented by others.
Q: What do I do if I am served with a demand for mediation?
A: If you are served with a demand for mediation that indicates a particular mediation ADR forum, then you should contact that forum immediately to determine its response requirements. If you are served with a demand for mediation and no ADR forum is indicated, then you can respond by serving a document like, "Response to Demand," GAMA Form #107 upon the initiating party. To see this sample form, click here. In any event, because different states have different statute of limitations which may serve to prevent you from proceeding with your claims after a certain period of time, it is recommended that you consult with an attorney in your jurisdiction when you first have knowledge that you may have a claim requiring mediation or when you first receive a request to mediation or a demand for mediation so that you may properly and timely present your claims or properly and timely respond to those claims presented by others.
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