Frequently Asked Questions About Mediation In Fort Collins
What is the difference between mediation and Alternative Dispute Resolution (ADR)?
Mediation is a type of alternative dispute resolution, which refers to a variety of processes that help parties resolve disputes without a trial. Other types of ADR are arbitration, neutral evaluation, and collaborative law.
What kinds of cases are suitable for mediation?
Mediation is a private and informal way of settling a dispute and can be useful any time two (or more) parties are at in conflict, from simple neighborhood disputes to massive international disputes.
- Divorce, custody and visitation, and other family issues
- Eldercare and estate issues
- Civil matters (debt, personal, and business)
- Property disputes
- Landlord/tenant disputes
- Workplace disputes
How is a mediator different from a lawyer?
A lawyer can only represent one party and their job is to advocate for their one client. A mediator, however, is a neutral third party and doesn’t take sides. A mediator helps both sides reach an agreement that best for them. A mediator helps both parties remain in control of the process and the outcome.
How much does mediation cost?
Fees are assessed hourly. They will vary case by case, and will generally reflect the type of dispute, the type of mediation and, where relevant, the value of the dispute. Please contact Open Space Mediation to find out more.
How long does mediation take?
Mediation sessions usually last 2-3 hours. Sometimes issues can be resolved in a single session. Sometimes additional sessions are needed.
What if my case is too difficult for mediation?
No case is too complicated to be settled using mediation. Frequently the parties in mediation will consult with outside experts such as accountants, appraisers, financial planners, and attorneys during the process.
Is a mediator a lawyer?
Not always. Many lawyers become mediators as well, but not all mediators are lawyers. Mediators can come from a variety of backgrounds, from law, to therapy, to educators, even to music!
How often does mediation resolve a dispute?
According to the United States Department of Justice, voluntary mediation has a 75% success rate. That high rate can be attributed to a variety of things and speaks to the efficacy of the process.
Who attends a mediation?
Typically, mediation involves two individuals and the neutral third party (the mediator). However if both parties are in agreement, other people can be brought into the dialog, such as lawyers, financial consultants, or even family members.
Do I also need a lawyer?
Sometimes. Mediation does not replace legal advice, and while you do not need a lawyer to begin your mediation, you may choose to consult an attorney, depending on type of case you bring. One of the principles of all mediation is “informed consent”; this means that it is that you know your legal rights and responsibilities. This sometimes means receiving legal advice from an attorney.