Business Mediation FAQ

Why is mediation more cost effective than adversarial law?
Atlantis Mediation fees are structured to pay-as-you-go which allows you to move through the process in your own time. A retainer is not required. Unlike typical attorney arrangements, you only pay for the preparation of the Memorandum of Understanding and actual time spent in mediation. You are not charged for review of documents, research time, telephone time, copying expenses, or the cost of paralegals and other paraprofessionals. The mediation focus is on preserving family relationships.
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Will mediation work if we have a very complex business situation?
Yes. Atlantis Mediation brings a clear, step-by-step approach to the resolution of all issues. In some cases it is necessary to bring in outside experts such as pension evaluators, appraisers, accountants and tax specialists to assist, as is necessary. All the information discovered is discussed and shared together so a clear understanding is developed of the entire financial picture.
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When is the best time to mediate?
Most courts will recommend trying mediation before litigating. It is better to begin the process earlier, rather than later, but it is never too late.
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What are the mediation benefits?
The mediation process provides an opportunity to preserve the relationship you have with the other party. The agreements reached in mediation are typically more creative and better able to address the individual needs of the parties. Studies show a higher satisfaction rate with mediation because the parties are vested in the agreements they created together. The mediation process is usually much quicker and cost effective than the court process.
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Will my legal rights be protected in mediation?
You will make no agreement in mediation without your legal rights being considered. Since mediation is voluntary on both sides, an agreement is only finalized when both sides have agreed that it is fair.
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What are the key elements in mediation?
Timely: mediation offers a laser-focussed approach, based on the parties needs. It is efficient and can be structured to address the participants need for a quick process.
Responsibility: mediation offers an opportunity for both sides to take responsibility for their actions as they move forward, devoid of blame or a rehash of the past.
Privacy: the process is private and confidential. Mediation is not a matter of public record.
Control: both sides have ample opportunity to share their perspective, and to feel that they have been heard. The parties define and craft their own solutions. Mediated agreements contain the parties’ sense of what is fair, not as defined by a judge or some other court professional.
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What does mediation do?
Mediation provides a safe, confidential environment for the parties to share information with one another, to discuss, analyze and explore creative and alternative solutions with professional mediators who lend their experience to the situation. Through mediation, the parties are encouraged to be future-focussed by figuring out what they need and are then assisted in devising a plan on how to get there. Often, agreements include back-up plans and define a dispute resolution process in the event it is needed as the parties move forward.
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Do we both have to be involved to mediate?
Yes. Mediation is voluntary and requires the involvement and agreement of both parties. In occasional situations where the parties cannot be in the same room, we can engage in “shuttle” mediation in separate rooms or telephone mediation.
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When is mediation useful?
Mediation is most appropriate when:

  • There are strong emotional feelings involved
  • The parties want to keep their discussions private
  • One side is not comfortable confronting the other
  • An impasse has been reached
  • The goal is to avoid costly litigation
  • The parties want to preserve as much money as possible for the family
  • Both sides want to maintain control over the process.

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How is mediation different from court litigation?
Often, litigation is an adversarial approach that demeans the other side. You lose control of certain aspects of your life and the outcome is usually uncertain, with no guarantees concerning the time, expense or emotional costs involved.

Parties participating in mediation retain control and make their own decisions, with the support of the mediator. Either party can withdraw at any time. The mediator does not represent either party, nor judge who is right or wrong. Instead, the mediator helps both sides satisfy their individual needs. The mediator will not reveal any discussions in mediation to anyone other than the participants. Although attorneys are always welcome within the mediation, they more typically serve in a consulting or reviewing capacity.
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Do I need to have my own attorney?
You may want some brief time with a mediation-friendly attorney. Atlantis Mediation provides a resource list of mediation-friendly attorneys. Once you have created your Memorandum of Understanding you can choose to have a consulting attorney review the document on your behalf.
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When is the best time to mediate?
The best time is sooner rather than later, before the expense and emotional turmoil of legal litigation begins. If legal representation has already been secured it is not too late. Most cases settle before trial, so it is almost never too late to mediate. Most legal professionals and courts advise mediation before litigation.
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For a free consultation or to learn more, call Atlantis Mediation at (845) 876-6100 or click here.