Sherea Vitelli’s Legal Blog

Mediation is a process in which an third party, the mediator, attempts to facilitate communication between the parties to promote reconciliation and settlement  The mediator cansuggest ways of resolving the dispute or issues but may not impose the mediator’s own judgment on the issues for that of the parties in order to force a settlement.

Whenever the parties agree to mediation they shall be deemed to have made these rules with their attorneys  and in effect as of the date of the submission of the dispute, a part of their agreement to mediate.

Mediation sessions are private and usually no additional parties are entitled to attend without authorization.  The parties and their attorneys must attend mediation sessions.  Other persons may attend only with the permission of the parties and with the consent of the mediator.

Parties Responsible for Negotiating Their Own Settlement ONLY.  The parties understand that the mediator will not and cannot impose a settlement in their case and agree that they are responsible for negotiating a settlement acceptable to them.  The mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties.  The mediator does not warrant or represent that settlement will result from the mediation process.

While no one is asked to commit to settle the case in advance of mediation, all parties commit to participate in the proceedings in good faith with the intention to settle if at all possible.

Here at Smith and Garg, LLC we promote and encourage mediation as soon as possible to keep the Judges from deciding our clients case.  Ultimatly, this is our clients case and not the courts.  However, if our client is dissatisfied with the offer, then we will ultimatly let the court decide for everyone. Come see me, Sherea Vitelli, and let me help you.