uncharted territory

Questions . . . FAQ's

 

The Need for Mediation or Arbitration Is a Worrisome Time for Anyone. Let Us Remove Some of the Apprehension and Use Our Experience to Guide You in These Difficult Times.

Mediation Is Voluntary

Sometimes a Court Order, Statute, Contract or Court Rule requires parties to Mediate before going to Court. You satisfy this requirement by showing up.

Your Decision To Stay             Is Voluntary.

You don’t have to be ordered to mediate, All it takes is 2 people being willing to try to resolve their conflict in Mediation.

Often people are skeptical that Mediation will resolve their long standing conflict. They expect that the other party won’t be reasonable.  But they come and stay because they are tired of their conflict constantly dragging them down.

They come because they hope that their Mediator may be able to help them resolve their conflict.  What do they have to lose?

Mediation Is Impartial

 

A skilled and experienced Mediator never takes sides.

The Mediator doesn’t own the conflict; nor the resolution.

The Mediator facilitates a safe and respectful conversation.

The Mediator helps the parties feel like they’ve been heard. So they don’t have to keep repeating themselves. The Mediator helps the parties hear each other.

They help the parties own their respective contribution to the conflict and their resolution of the conflict.

Usually, the parties come into the mediation with a fixed solution: “You have to change”. The Mediator helps the parties to understand that they can’t get what they need unless they satisfy the other party’s need.

In almost every Mediation, there is a Magical Moment when one of the parties feels safe enough to lay a gift on the table. The gift can be a sincere apology, concession, or acknowledgement of the other party’s worth. The Mediator helps the other party to acknowledge the gift and reciprocate.

At that point, the parties can truly collaborate constructively to create a future without the conflict they have been enduring.

Mediation Is Confidential

Unlike a public courtroom, the parties agree at the beginning of the mediation that everything said in mediation is confidential; though they can agree to exceptions. The parties can’t tell anybody what was said in the Mediation. Mediations aren’t recorded. Nobody can post what was said in mediation on social media. It’s like a “Cone of Silence.”

By statute. All communications are also privileged. They can’t be used in court.

This frees the parties up to engage in a frank and honest conversation; without fear that what they say in Mediation might be used against them.

The parties agree to Mediate in Good Faith; which requires candid and respectful sharing of information.

This clears up misunderstanding; and can build trust – which help the parties resolve their conflict.

It is one of the greatest advantages of Mediation vs. the recorded testimony and documentation of a formal trial.

These Points Above, Are The Three Tenets Of Mediation

Olsen Mediation Solves Disputes

FAQ’S

Frequently Asked Questions

WHAT IS MEDIATION?

A mediator is an independent third party, who works with the parties to resolve the parties’ conflict themselves; rather than let a third party   (i.e. Judge, Jury or Arbitrator) decide for them.

WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND ARBITRATION?

In Mediations, the parties decide how to resolve their conflict themselves, with the help of a qualified and trained mediator.

In Arbitration, the Arbitrator decides how the parties’ dispute will be resolved.

WHAT KIND OF CASES CAN BE ARBITRATED?

Any dispute that is at an impasse and you want the conflict to end. The arbitrator is an independent third party, and will now make a decision for you. But we encourage you to try Mediating first.

WHAT IS ARBITRATION?

An Arbitrator is an independent third party, who is selected by the by the parties, or appointed by the court, to decide the parties’ case for them. 

WHAT KINDS OF DISPUTES CAN BE MEDIATED?

Any dispute that is not prohibited by a No Contact Order, Protection Order or Restraining Order.

WHAT DOES MEDIATION/ ARBITRATION COST?

Our rate is $300/hr. We typically require a $3,000 retainer. If the case is resolved before expending the retainer, the remaining balance is refunded. If the retainer is exhausted, we bill you for the additional spent.

Typically, the parties split the fees and retainer; but the parties are free to negotiate how our fees and retainer are allocated between the parties.

PROS AND CONS OF MEDIATION | ARBITRATION

PRO AND CONS OF MEDIATION?

PROS:

  • One of the worst things about a conflict or lawsuit is not knowing how or when the conflict will resolve. By mediating, YOU decide how the conflict will resolve, when you decide to settle. Once the conflict has been resolved, you can get on with your lives.
  • Conflict and Litigation are an emotional drain. It can be costly, time consuming and risky. In mediation, there is no risk. The worst that can happen is that you don’t settle. But most mediations result in settlement; saving you time, money and negative energy.
  • It may take months or years to have your case decided in court. Mediations can be scheduled within a month of selecting your mediator.
  • The resolution that YOU decide can be tailored to your unique needs vs. standardized resolutions issued by courts
  • All mediation communications are confidential & privileged. Absent agreement, nobody can repeat to anybody what was said in Mediation. Mediation communications can’t be used in court. The only information that comes out of a mediation are:
    • Whether you mediated.
    • Did you settle?
    • What is the settlement?
  • In litigation, the pleadings and trial are open to the public; revealing private information to strangers about you and your life.
  • Mediation can, not only resolve your conflicting issues and positions, it can resolve the underlying reasons for the conflict itself.
  • Parties tend to honor their agreement vs. undermine a court’s ruling.

CONS

  • VIRTUALLY NONE

PROS AND CONS OF ARBITRATION?

PROS:

  • You can usually get an Arbitration done much sooner that going to court
  • The procedure is streamlined to get to the facts quickly. An Arbitration usually takes hours. A trial usually takes days.
  • The setting is much more relaxed in Arbitration (ie. Zoom or an attorney’s office). Courts are formal and can be intimidating.
  • While evidence submitted in Arbitration may not be confidential or privileged, the exhibits aren’t in a court file for anybody to read & the hearing is not in a court room, where strangers can observe.
  • Arbitration is much less expensive that trial.

CONS:

  • By giving the Arbitrator decision making authority, there is a risk you may lose.
  • Arbitrations typically have attorneys representing the parties. Attorneys can represent parties in Mediations; but not necessarily; so Arbitration can be more expensive than Mediation; though significantly less than trials.
  • Depending on the type of arbitration, or agreement of the parties, Arbitration decisions may be appealable.
  • Depending on the type of arbitration, or agreement of the parties, there may be a record of testimony and evidence presented at Arbitration.
  • What is said in an Arbitration may not be confidential or privileged.

Get In Touch . . .

 

There is a flow to a Mediation, it’s not two persons working against one another, it is THREE persons working together as a team to find a common goal between the two.

Call us or click the link on the right to direct eMail us with a message. We look forward to using our training & experience to help you find World Peace – Two people at a time.

Olsen Mediation

PO Box 2387
Poulsbo,  WA 98370
206-550-4240
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