Frequently Asked Questions About Mediation:
Why should I try mediation?
Mediation is non-confrontational. In mediation, the participants are working together to find a solution, rather than working against each other. Unlike the courts where one person must lose, mediation is a “win/win” situation. The goal is to reach an agreement that is satisfactory to everyone. About 80% of all mediations end in an agreement. Mediation often serves as a deterrent to future disputes between the participants.
In mediation, you will have the opportunity to explain the situation from your own point of view and to hear the other participant’s explanation from their point of view.
Mediation can be held to accommodate your schedule. Everything said at mediation is confidential.
How is mediation set up?
There are two ways mediation is set-up. Some are self-requests and some are court ordered.
For self-referrals, simply call UPCAP Resolution Services and provide us with some basic information. We will answer your questions about our services to determine if we can assist you. We then contact the other party and ask if he or she is willing to try mediation. Unless court ordered, mediation is a voluntary process so we cannot force anyone to participate. However, once we explain the process and people understand the benefits, they usually want to resolve the dispute quickly and affordably using mediation.
When a case is court ordered, we will follow the above described process. However, in these cases, the parties must participate in mediation. If someone refuses to do so, Resolution Services notifies the court of that individual’s decision, and the court may find her/him in contempt of court.
Already faced with a court action? Resolution Services can help reduce the cost, time and adversarial effects of your law suit.
How much does mediation cost?
Mediation is affordable. Compared to attorney fees and court costs, mediation can be a cost effective alternative. Mediation costs can run as low at $30. Fees vary for services. View the fee schedule by clicking here.
Who are the Mediators?
UPCAP Resolution Services Mediators are available throughout the Upper Peninsula. They are impartial volunteers who have completed state-approved, intensive training. They are dedicated to remaining neutral as they facilitate the conversation, encourage each party to hear each other and help participants brainstorm solutions.
A Mediator does not make decisions, take sides, force any party to reach an agreement or offer legal advice.
Learn more about becoming a Mediator with UPCAP Resolution Services. Call us at 906-786-4701 or email mediation@upcap.org.
Is mediation a legal process?
Mediation is a dispute resolution process. While many courts often refer or order parties in a lawsuit to participate in mediation, mediation is not a legal proceeding over which the court presides. However, there is legislation that provides guidelines for mediation, such as confidentiality. The ultimate goal of mediation is to reach a mutually acceptable written agreement that the parties involved in the dispute sign. That signed mediation agreement serves as a legally binding document.
The parties do not have to include attorneys in their mediation cases unless they choose to do so.
Mediation Testimonials
“We resolved more in two hours than we did in the last three years.”
“This service is needed in our community.”
“I was treated fairly and respectfully.”
“I came in thinking it wasn’t resolvable, but it turned out to be a good thing in the end.”