Frequently Asked Questions

The information on this page is for information purposes only and is not intended to be and should not be treated as legal advice.  Please consult your own attorney regarding any questions you may have.

1.  What is mediation?

Mediation is a facilitated settlement conference with a trained neutral mediator facilitating communication between the parties in an effort for the parties to reach a resolution of their dispute.  For additional information about the mediation process, please refer to our Mediation Information page.

2.  How long will mediation  last?

GMG offers a broad range of mediation options ranging from a brief two-hour mediation for smaller cases to multi-day sessions for cases involving complex issues or multi-party cases.

3.  What if we do not finish in the time reserved?

Your mediator will make every effort to conclude the session in the time scheduled.  If that is not possible, additional session(s) may be scheduled at the convenience of the parties.  Alternatively, the mediator may conduct follow-up sessions by phone with counsel in an effort to conclude the mediation.

4.  If I settle at mediation, is it binding?

Typically, when the parties reach an agreement at the mediation session, preliminary settlement documents will be prepared by the parties and their attorneys at the mediation.  Final documents are typically prepared by counsel for the parties shortly after the mediation. Pursuant to the ADR Statute, a mediated settlement agreement is enforceable like any other contract.  Any written document resulting from the mediation should be reviewed and approved by the party’s counsel before execution.

5.  What if my case does not settle at mediation?

If your case does not settle, you are free to proceed with litigation, arbitration or other appropriate proceedings as agreed upon with your counsel.  Typically, your mediator will continue to follow up with the parties in an effort to bring the case to a resolution prior to trial.

6.  Will the mediator give legal advice or act as my lawyer?

As a neutral intermediary between the parties, the mediator is not allowed to, and will not, act as an advocate for or provide legal advice to any party.  It is strongly recommended that you have your own legal counsel at the mediation.  The mediator reserves the right to stop the mediation if he or she feels an unrepresented party needs representation or does not have a sufficient understanding of the process.

7.  Do I have to attend in person?

Yes.  The Rules for Mediation and most Court Orders requiring mediation mandate that all parties necessary for the negotiation of the settlement be present at the mediation for the entire session.

8.  May I attend by phone?

On rare occasions, the parties will agree that a party or representative of a party attend by phone.  The mediator cannot and will not release anyone from personal attendance at the mediation without the prior approval of all parties participating in the mediation.  The mediator is subject to the terms of the Court’s Order and does not have the authority to alter the Order or any agreement of the parties with respect to persons required to be present.

9.  Will the mediator make a decision for the parties?

No.  The mediator will not make a decision such as would be made at trial or by an arbitrator.  The mediator will facilitate discussions in order to assist the parties in reaching their own resolution.

10.  Will the mediator testify at trial or talk to the judge?

No.  The mediator’s report to the Court is limited to the persons in attendance, the result of the mediation and, sometimes, the cost of the mediation, unless all parties agree that a different report is appropriate.  The mediator should not be a witness and the mediator’s files are not subject to being subpoenaed.

You may find additional information about mediation and the mediation process on our Mediation Information page.