Home / Mediation FAQs
1. What is mediation?
2. What is the difference between mediation and arbitration?
3. What types of disputes can be mediated?
4. How much does mediation cost at the FORUM Mediation?
5. Are there rules governing mediation at the FORUM Mediation?
6. Can I choose the mediator for my the FORUM Mediation?
7. Do I need to hire a lawyer to mediate?
8. How do I request a mediation session at the FORUM Mediation?
1. What is mediation?
Mediation is a consensual dispute resolution process in which a neutral third party (the mediator) facilitates a resolution between two or more disputing parties. All the National Arbitration Forum Mediation (FORUM Mediation) mediators are trained in dispute resolution and uphold strict legal and ethical standards in their conduct of mediation sessions. Mediators assist disputing parties with settlement negotiations, but do not have the authority to impose a decision on the parties.
2. What is the difference between mediation and arbitration?
Mediation is a voluntary dispute resolution process; all parties must consent to participate in good faith and work toward a mutually agreeable resolution. Mediating parties are not bound to resolve their dispute (although mediated settlements, once reached, can be made binding if the parties decide to draft a contract called a settlement agreement). Mediations are not "decided" in favor of one party or another; rather, the mediator simply facilitates the negotiation process. In evaluative mediation, the mediator will counsel parties on the strengths and weaknesses of their case and gauge each party's likelihood of success if the dispute proceeds to arbitration or litigation.
Arbitration, on the other hand, is a dispute resolution process in which a neutral party (the arbitrator) hears a dispute between one or more parties and, after considering all relevant information, renders a final decision in favor of one of the parties. Arbitration decisions may be either binding or non-binding, depending on the terms of the arbitration agreement. Binding arbitration decisions may be confirmed by a court and carry the same significance as a court judgment. Refer to the Arbitration section of the FORUM's Frequently Ask Questions for more information about arbitration.
3. What types of disputes can be mediated?
Virtually any type of dispute can be mediated, provided the disputing parties agree to participate voluntarily and work in good faith toward a settlement.
4. How much does mediation cost at FORUM Mediation?
The cost of mediation varies, depending on the mediator’s compensation rate and expenses. The mediation administrative fee is generally $50-$100 per party, and FORUM Mediation will inform the parties of their desired mediator’s compensation rate before the mediator is assigned. In addition, once a Request for Mediation has been filed and the administrative fee paid, FORUM Mediation will consult with the mediator and parties and estimate the total cost of the mediation.
5. Are there rules governing mediation at FORUM Mediation?
Yes. Rules apply to all of the FORUM Mediation's mediation proceedings. They govern how mediations are initiated and conducted, how mediators are selected, confidentiality, administration fees, and other elements of the mediation. These rules require the mediator to be impartial and to possess no known conflict of interest or bias.
6. Can I choose the mediator for my FORUM mediation?
Yes, parties may mutually select a mediator. The FORUM Mediation offers assistance to parties during the mediator selection process.
7. Do I need to hire a lawyer to mediate?
Though generally recommended, parties participating in a mediation session may or may not be represented by legal counsel.
8. How do I request a mediation session at FORUM Mediation?
You may request a mediation session by contacting the FORUM Mediation via telephone, facsimile, mail or e-mail. Mediation request forms are also available on our website.
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