What is mediation?
How does mediation work?
Who is the mediator?
Steve Ellis is also specially trained in the area of Elder Mediation and Share Family Decision-Making. This is a particularly useful mediation process for families in dispute over matters relating to their elderly family members. Often, mediation in these matters will avoid the conflict involved in issues of guardianship, involuntary placement, elder residential affairs, and the particular dynamics of families in dispute or crises.
The Mediator’s role is to reduce obstacles to communication, assist in identifying issues, explore alternatives, and otherwise facilitate voluntary agreements to resolve disputes, without prescribing what the resolution must be.
Is Mediation required in court cases?
How is the mediation process confidential?
Furthermore, the communications that take place during mediation between the parties or participants are privileged, such that those parties or participants are prohibited from disclosing mediation communications to anyone other than the parties or participants in mediation, or their counsel. This means that the parties are prohibited by law from speaking about, even in court under subpoena, that which was discussed in the mediation conference. (There are rare exceptions to this rule, for example disclosure of a plan to commit a crime, or the existence of child abuse or elder exploitation.) Sanctions are available against anyone violating the privilege of a mediation communication or the confidentiality of the mediation process.
Where does the mediation take place?
What happens if we reach an agreement during mediation?
What happens if we don’t reach an agreement during mediation?
The vast majority of issues brought before a qualified mediator are resolved in a voluntary, mutual agreement. The importance of allowing the parties to have self-determination in the resolution of their disputes is paramount. So much can be agreed to by the parties which would otherwise be outside the purview of a Circuit Judge. This creativity allowed between the parties in mediation makes this process the most likely to avoid future issues, as well as resolving present issues.