What is MEDIATION?

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 Mediators do not decide your case.  Mediators do not represent the interests of any of the parties that come before them.  Mediators are FACILITATORS, men and women who have been specifically trained to listen to both sides of the case, recognize oportunities for the resolution of the dispute, and facilitate the discussion between the parties to allow the adverse sides to collectively work toward reaching an amicable, shared solution to the problem at hand.  MEDIATORS FACILITATE A

 CONVERSATION THAT RESULTS IN THE RESOLUTION OF THE DISPUTE. 

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 Mediation is not about the mediators answer to the problem.  Mediation is about GETTING the parties to THEIR SOLUTION to THEIR PROBLEM.  The mediator listens, advances, and directs the conversation, all with an eye toward jointly getting the parties to find the solution to their problem. 

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In mediation YOUR CONFIDENCES ARE SAFE.  Mediation is a voluntary, flexible, creative, confidential process in which the neutral facilitates settlement negotiations.  Pursuant to N.J.Court Rule 1:40-4(c), a mediation communication is subject to an evidentiary privilege  and is not subject to later discovery.  The communication is not admissible in any subsequent proceeding.  Pursuant to N.J. Court Rule 1:40-4(d), unless the mediation participants agree, the mediator cannot later disclose any mediation communication to anyone who was not a participant in the mediation.  

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Mediation is a voluntary process designed to resolve disputes through negotiation and settlement dialogue with the assistance of the impartial mediator.  The mediator NEVER decides the merits of the dispute.  The mediator IMPROVES COMMUNICATION across party lines,  The mediator HELPS the parties to articulate their interests and to understand the interests of the other party to the case.  The mediator PROBES the strengths and weaknesses of each parties legal positions.  The mediator IDENTIFIES areas of agreement and HELPS the parties to identify and generate options for a mutually agreeable resolution of the issues in dispute.

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A hallmark of mediation is the ability to EXPAND traditional settlement discussions and broaden resolution options by exploring litigant needs and interests which may be independent of the issues in controversy.  Mediation allows for the sharing of information, with the consent of the parties, needed for a meaningful risk assessment as well as for private caucuses with each side of the dispute in a manner designed to lead the parties to a common ground.  

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Mediation is not binding upon the parties.  Mediation offers multiple, flexible possibilities for the resolution of the pending dispute.  THE PARTIES TO THE CASE DECIDE which path to take, or, to modify any of the proposed possibilities so as to be the most attractive to each party.  Each party retains control throughout the proceeding over the final terms of the resolution of the dispute.


The statistical results of mediation demonstrate a very high percentage of voluntary settlements, without need for the parties to incur future, additional costs associated with the litigation process.