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   What is Mediation?

      Mediation is a quick, inexpensive, fair and effective way to resolve conflict, without costly legal proceedings.   It is a confidential and private problem solving process, in which the parties use a trained, neutral mediator to help them reach agreement.  The mediator has no vested interest in either party, or in the outcome, nor the authority to impose a decision on the parties.  The parties become self-empowered, as they work out their own solution to the dispute.

Besides finding a mediator in this MSN directory, another source is the yellow pages of the telephone directory listings under Mediation Services.  Generally, there are two types:  "public mediation centers" and "private mediation services.  "Public mediation centers are supported by government or taxpayer funds.  Private mediation services can be either for profit businesses or non-profit agencies. 
 

     

   How do I select a Mediator?

     

When selecting a mediator, ask questions to insure that you feel comfortable with the mediator, his/her experience and the mediation process.  In evaluating the qualifications of the mediator, we suggest the following questions:

What mediation training have you had?

How much mediation experience do you have? How much mediation experience do you have with this type of conflict?

Are you a member of any professional mediation organization which has a code of professional conduct?

When the mediation is completed, what documents,
if any, do you prepare?

What are your fees and what services are included?
Are there any other charges?

 

     

   What disputes can be mediated?

Domestic Matters

Divorce, custody/visitation, parenting plans, parent/child conflicts, spousal and child support, grandparent visitation, cohabitation disputes, elder care issues, neighborhood conflicts and family disagreements.

Business Matters

Commercial disputes, construction problems, labor contracts, wages, dismissals, promotions, patient-hospital/institution, health care administration, real estate transactions, partnership problems, personal injury, insurance claims, supervisor/employee conflicts, consumer disputes, landlord/tenant, equal employment opportunity and education issues.

Legislative Mandates and/or options

Americans with Disabilities Act (ADA) issues.  Nevada homeowners and homeowner association conflicts, and residential construction defects.  Nevada residential construction defects. Nevada custody and visitation disputes.

 
     How does Mediation differ from Litigation  & Arbitration?
 

Mediation:

Decisions are made by the parties; the cost is nominal to low; there are usually no technical rules of evidence; it is informal and private; it can take from 1 hour to 6 weeks to conclude; a mediated agreement may be considered a contract.

Arbitration:

The arbitrator decides the outcome; the cost is moderate; it is often private; the rules of evidence are informal; it usually takes 1 to 6 months to conclude; it may or may not be legally binding.

Legislative Mandates and/or options.

The decisions are made by a judge; the process occurs in a courtroom and is controlled by attorneys; the cost can be substantial; most proceedings are public; the rules of evidence are technical and depending on complexity, it take up to 2 or more years to conclude.

   

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