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Q:
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What is mediation? |
| A:
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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.
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How do I select a Mediator? |
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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?
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What disputes can be mediated? |
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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.
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How does Mediation differ from Litigation & Arbitration? |
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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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