Mediation FAQs

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What is Mediation?

Mediation is a voluntary negotiation process between disputing parties.  The negotiations are facilitated by a mediator.  The mediator is a neutral third party who assists in the negotiation discussions, but is not a decision maker or a fact finder.  The ultimate goal of mediation is for the parties to come to mutually agreeable resolution to their dispute.

What are the Benefits of Mediation?

  • Ownership of the resolution – Mediation allows parties to exercise control over the resolution to their disputes.  Our experienced mediators maximize this advantage by working closely with clients to help them find the best solutions to suit their particular situations.   Mediated agreements have a greater likelihood of being adhered to than orders issued by a court.
  • Confidentiality – Mediation provides parties with the discrection they cannot have in open court by allowing parties to address their most sensitive matters in a safe, confidential environment.
  • Mediation can help preserve relationships – In many cases, especially in family law matters, parties involved in a dispute will continue to have a relationship even after the conclusion of their case.  Mediation can help address the ways parties will communicate with each other in the future in a way that promotes mutual respect.
  • Savings – When parties reach agreements through mediation, they can avoid incurring the traditional expenses and attorney’s fees associated with litigation such as depositions, motions, and temporary orders.
  • Sliding Fee Scale – At Benay & Associates, we are committed to making our services available to all by billing on a sliding fee scale.