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  FAQ for Mediators of Southern Nevada
 
 

 

 

 

     

Q:

What is mediation?    
    A:

 

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. 

 
      Q How do I select a Mediator?    
      A:

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?

   
      Q What disputes can be mediated?    
      A:

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.

 

   
      Q How does Mediation differ from Litigation  & Arbitration?    
      A:

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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