Expert: Timmy Chou - 1/19/2012

Question
Hello Mr. Chou I have a mediation coming up shortly regarding an accident that I was in and I wanted to know what to expect? And what is my recourse if I disagree with the outcome of the mediation?

Answer
Hi Kenny,

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.  This is different than an arbitration.

Typically a mediation is designed to facilitate a solution.  Usually the parties meet together and each side has the opportunity to tell their story.  The mediator may ask questions or seek to clarify various elements.  Often the parties will break at this point and separate and the mediator will talk alone with each party to try to understand better the positions of each side.  Depending on the particulars, the mediator may assemble the parties together again, or the mediator may conduct a sort of shuttle diplomacy back and forth to see if a settlement can be reached.  

Mediations are almost never binding and either party may opt out at any time.  Mediators cannot be forced to testify in any later litigation.  

If a settlement is reached a non-binding agreement can be drawn up and signed.  Sometimes the settlement is entered as a stipulated judgment in a court if there is already an open case, after which it would become a binding court decision.

Again, if you disagree you can usually just walk away and then you still have your usual remedies at law if you choose.

Hopefully this summary helps,  good luck!