FAQ

Mediation

Why Mediation
Mediation is especially appropriate where you expect to have an ongoing relationship with the other party well after the current dispute has been resolved. Some examples:

Divorcing couples (especially where children are involved)

Customers and vendors

Partners and Joint Ventures

Franchisors and Franchisees

Principals and Agents

Employers and Employees

Mediation allows you to arrive at creative arrangements that you will never be able to get from a judge.

Mediation allows you to reach agreements without going through the nastiness of litigation which could permanently damage relationships.

Mediation allows you to save a bundle of money by getting you out of an expensive litigation process.
What is family mediation?

Family mediation helps families avoid traditional litigation where they would attend court and settle the dispute with a trial. It is a process used by families engaged in disputes related to personal issues, such as divorce or custody issues. Mediation provides a controlled environment in which families discuss their issues and find a resolution that works for everyone involved in the matter. Each person has an opportunity to share his or her concerns and determine whether or not a potential solution is viable. Instead of allowing a judge or jury settle the matter, the family members are directly involved and responsible for the outcome of the dispute.
When is family mediation useful?

Family mediation is useful when families are unable to settle a dispute, but would prefer to avoid the expense and time-consuming nature of traditional litigation. It is understandable why disputes arise within families, especially when the care or custody of a loved one is at issue. Family mediation can also be useful for couples ending their marriage, but still wishing to remain co-parents. Instead of giving control to a judge or jury, mediation allows those directly affected by the dispute to be part of the resolution. This makes it easier to continue relationships once the dispute is settled and even improve communication within the family based on the skills learned in mediation.
Is mediation expensive?

Mediation generally costs less than traditional litigation. There are several reasons for this. First, mediation takes less time. There is no need to wait for a court date or endure the process of discovery. Resolving a dispute in mediation might take only one or two mediation sessions. Additionally, disputing parties have the option of not hiring individual legal representation, which means there are no attorney’s fees. In many cases, the only cost involved in mediation is the mediator’s fee, which many parties decide to split between them. Likewise, much of the “legwork” involved in mediation is handled by disputing parties, further reducing the cost it would take for a legal staff to research and organize materials.
How long does mediation take?

It varies from issue to issue, but many are settled within one or two mediation sessions, each lasting just a few hours. The thing many disputing parties like about mediation is the control they have over how long the process takes. Since many of the background details regarding a dispute are already known to those involved and there is no waiting periodfor a judge, mediation can be a very efficient process. If disputing parties want to find a resolution quickly, they are free to compromise and do whatever it takes to cut down on the time spent in legal process.
Is mediation private?

Yes. The only thing that will become a matter of public record is the final resolution. All of the details discussed during the mediation remain private. This allows disputing parties to speak their mind without concern their words will later be used against them. The only people who will know content of what is discussed during mediation are the disputing parties, the mediator, and attorneys (only if parties choose to have representation).
How do I begin mediation?

The first step to resolving a family or elder care dispute through mediation is to make sure parties are willing to meet with a mediator. Then you must identify a skilled mediator. The staff of Zenith Advisors are natural, impartial, third party mediators who will work to find an amiable resolution for the parties involved in the dispute.

Arbitration

What is the American Arbitration Association and what role does it play?

The American Arbitration Association (AAA®) is a not-for-profit, public service organization committed to the resolution of disputes through the use of arbitration, mediation and other voluntary procedures. As a purely administrative agency, the AAA processes a case from filing to closing, appointing arbitrators, setting hearings, transmitting documents and scheduling conference calls. The goal is to keep cases moving in a fair and impartial process until completion.
Can I go through arbitration without an attorney?

Arbitration is less formal than going to court, and you may represent yourself. However, you should keep in mind that arbitration is a legal proceeding that results in an award that is generally final and binding. Because your legal rights are involved, you may choose to consult with and be represented by an attorney. Whether a business or an individual,all parties to an arbitration proceeding have the same option whether or not to be represented by an attorney. Because of the AAA’s neutral and impartial role in the arbitration process, the AAA and its employees cannot recommend or provide attorneys to parties in arbitration. If you do not have an attorney and wish to be represented by an attorney in arbitration, you may want to contact your local bar association or another legal service organization for a referral.
For general guidance on resources for finding legal representation, you can access the document “Find an Attorney or other Legal Representation” on the AAA’s website at www.adr.org/consumer.
Does AAA help me present my case?

No. The AAA’s Case Administrator will be your main contact throughout the case. The Case Administrator cannot assist you in the presentation of your case. You should also not rely on the arbitrator to assist you in presenting your case. The Case Administrator will answer your questions about certain procedures relating to the arbitration process and will distribute information to you, but Case Administrators do not provide legal advice or legal assistance.
Who are the arbitrators?

AAA arbitrators are independent, impartial decision-makers chosen for their knowledge, case experience, integrity, and dispute resolution skills. All AAA Consumer arbitrators are highly accomplished and respected experts in their fields. AAA arbitrators are trained in a comprehensive program by the AAA to manage the dispute resolution process with fairness and skill, and an eye toward time- and cost-efficiency. Their conduct is guided by the Code of Ethics for Arbitrators in Commercial Disputes, prepared by a Joint Committee of the American Arbitration Association and the American Bar Association. AAA arbitrators are required to attend periodic arbitrator training programs.
How do I know the arbitrator is neutral and impartial?

Before they accept appointment to a case, all arbitrators are responsible for completing a check for any past or present relationships with either party, the parties’ Representatives or attorneys, and any potential witnesses. If the arbitrator has any such relationships, all of the parties will be provided that information. After the parties are given that information, they are given the opportunity to comment on whether that individual should remain as the arbitrator in light of the disclosure. Arbitrators also sign an oath on each case stating that they will abide by the Code of Ethics for Arbitrators in Commercial Disputes.
What happens after a claim is filed with the AAA?

Once all filing requirements have been met the case is assigned to a Case Administrator. The Case Administrator will send written correspondence to initiate the case. The initiation letter sets forth the due date for the Respondent to file an Answer, if any. Once the Answer has been filed, or the time within which to file an Answer has passed, the Case Administrator will invite an arbitrator to serve on the case. The arbitrator’s completed appointment paperwork, which includes Notice of Appointment, Disclosure Worksheet, Notice of Compensation Arrangements and their AAA Resume, will be sent to all parties, who are given the opportunity to comment on whether that person should remain as the arbitrator.
What happens after the arbitrator is appointed?

After the arbitrator’s appointment is confirmed, if any party asks for, or if the AAA or the arbitrator decides to hold one, the arbitrator will schedule a preliminary management hearing with the parties and/or their representatives. The preliminary management hearing will be conducted by telephone unless the arbitrator decides to conduct the preliminary management hearing in-person.
What is a preliminary management hearing?

During the preliminary management hearing, if one is held, the parties and the arbitrator discuss the future schedule and handling of the case. This might include a brief discussion of claims, scheduling of the hearing or the document submittal date, establishing dates for exchange of information between the parties, and any other preliminary matters the parties or arbitrator wish to discuss. After a preliminary management hearing is held, the arbitrator issues written orders that state the arbitrator’s decisions made during or as a result of the preliminary management hearing. The arbitrator may also conduct additional preliminary management hearings if the need arises.
How quickly after the hearing do I get the arbitrator’s decision?

Once the arbitrator closes the hearing, which occurs after the arbitrator determines all of the information needed to make the decision has been received, the arbitrator will make their decision within 30 days (or within 14 days under a document submission process).
Can I settle my dispute prior to the arbitration hearing?

Yes, you may. You may settle your dispute at any time before the arbitrator issues the award. If you have settled, or believe you are close to settling your dispute, notify your Case Administrator. If you settle the dispute at any point during the arbitration and all the parties request, the arbitrator may lay out the terms of the settlement in a “consent award”, which is an award signed by the arbitrator that reflects the settlement terms of the parties. If you settle your case or withdraw your arbitration demand; the AAA will close its case file.

Verbiage came from: https://www.adr.org

The Mediation Process

How does the Mediation Process work?

At Zenith Mediation Services, an evaluative mediation method is utilized to help guide the parties involved to a constructive resolution. Ultimately, the goal of mediation is to reach a settlement, and, should a settlement be reached through mediation, the settlement agreement is binding
What is the difference between Evaluative Mediation and Facilitative Mediation?

Facilitative Mediation: Facilitative mediators strive to “facilitate” the negotiation between participating parties. In facilitative mediation, the mediator structures the mediation process to help the parties to reach a mutually agreed upon resolution. The facilitative mediator does not make recommendations to the parties, give his opinion regarding the matters in contention, or predict what a court would do in a case. A facilitative mediator only manages the process.

Evaluative Mediation: Evaluative mediators assist the parties in reaching resolution by helping to “evaluate” the strengths and weakness of the cases and providing impartial insight and analysis as to the issues at hand. The evaluative mediator structures the mediation process, directly influencing the outcome of mediation by helping the involved parties and attorneys re-evaluate their legal positions (based on the facts that have been revealed during mediation), including cost-benefit of pursuing a litigated resolution versus settling in mediation.
What are the steps involved in the mediation process?

The first (and most important) step of the mediation process is to gather the facts and determine what it is that is in dispute and that both parties are aware of, and agree to, the facts of the case.

Mediations can be in person or remote using a proprietary online mediation platform, depending on the preference and location of the parties.

Mediations begin with an introduction session where the parties – either jointly (“caucuses”) or separately – are introduced to the concept of mediation. The mediation process is explained and the role of a mediator – and what the mediator can and cannot do – is explained.

If attorneys are not present, it is confirmed that that the right to have an attorney present has been waived by the party who is pro se, and that the parties present are authorized to agree to a potential settlement agreement.

In family mediations, due to the emotional aspects, the parties may not have any joint sessions.

Once the facts have been established, the first party is brought in to discuss what their “positions” entail: what they would like the outcome of the mediation to be. Based on that, “interests” (which are different from “positions”) of the parties are also identified to establish what is guiding their positions. There can often be overlap in parties’ interests, and that is where agreements start taking shape. When the second party is brought in to state their positions and their interests identified, the mediator looks for potential overlap and areas of common ground.

Gradually, the parties begin to converge. Sometimes, it’s the “little things” that are resolved first, while other times, the bigger issues are addressed. Back and forth, discussions are had and agreements are made on the on various matters in contention.

Once a final agreement is reached, the mediator draws up the agreement (which is known as the Mediated Settlement Agreement), and witnesses its signing by both parties, who are then able to file the agreement in court for the judge to sign an order.
How is the environment during the mediation process?

Mediation is conducted in a completely relaxed atmosphere unlike in a courtroom (where the nature of the process is adversarial). Parties can spend the whole day and reach any agreement they want that works for them, irrespective of laws governing their matter, whereas a judge could spend some 30 minutes on their case and, based on the law, potentially make some orders for them that might satisfy neither party.

The mediator can provide guidance during the mediation but cannot give legal advice.

With his knowledge and expertise, Venky Venkatraman is dedicated to encouraging his clients to come to a mutual agreement, and rarely do his clients not emerge from the mediation process without reaching a settlement.

FAQ

Mediation

Arbitration

The Mediation Process

CALL US

+1 332-281-5497,
+1 972-638-7022

Our Case Process

Detailed Planning

Settlement

Fight for Justice

Location

FAQ

Mediation

Arbitration

The Mediation Process

CALL US

+1 332-281-5497, +1 972-638-7022

Our Case Process

Detailed Planning

Settlement

Fight for Justice

+1 332-281-5497,
+1 972-638-7022