Mediation

By: HENRY E. WEIL

WHAT IS MEDIATION?

Mediation is a voluntary dispute resolution process in which a neutral third person ( a "Mediator") meets with the parties, and assists them in reaching a settlement of their dispute. A mediator will work with both parties to obtain a global resolution of all issues. Our mediators are seasoned professionals with have conducted mediations and participated in mediations to understand all sides of the process.

There is no set time on how long mediation will take. Mediation is task oriented with a goal of reaching agreement. This agreement may be reached in a very short time in situations where mediating parties are already at a very high level of agreement and are able to specifically describe that agreement. In situations where there are a number of "open issues" (either disputed issues or issues that have not been well considered), the mediation will take a bit longer. Often mediation is concluded in a single session. On complex matters it may take multiple sessions

WHAT IS THE VALUE OF MEDIATION?

It is the most cost effective method of resolving disputes and the least stressful comparing to a Court trial. In addition to the financial and emotional savings of mediation, participants are able to fashion their own agreement which is sensitive and responsive to perceived equities and desired outcomes. The result is that the work product of mediation, the Memorandum of Understanding, provides a comprehensive resolution in terms mediating parties understand and believe in. This results in a commitment to the agreement which has been shown to enhance future compliance by providing a cooperative atmosphere for performance of the terms of agreement.

WHAT ARE OUR CHANCES FOR SUCCESS IN MEDIATION?

A significant number of parties reach comprehensive resolution, with the remaining issues reaching at least some significant substantive resolution.

WHAT IF WE DON'T REACH AGREEMENT?

In the event no agreement is reached in mediation, other settlement options can be explored. Even unsuccessful mediating parties often seem to obtain substantial benefit from having had the opportunity to fully communicate and by having given it their best effort prior to recognizing that attorney negotiation or litigation may be inevitable.

WHO PAYS FOR THE MEDIATION?

Responsibility for the mediation fees needs to be decided between mediation participants. The key, however, is that the parties themselves agree upon the division of the fee in whatever way seems fairest and most appropriate.

WHAT CAN I DO TO ENSURE A SUCCESSFUL MEDIATION?

Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to individual desired outcomes and perceived standards of fairness. Being able to listen to the other party's point of view, even when you don't agree with it, will allow you to develop options that meet both of your needs. It is in the ability to see the whole picture from both perspectives that a mutually satisfying agreement.

HENRY E. WEIL, admitted to Courts of the District of Columbia and Maryland; a Board Certified Civil Trial Attorney, by the National Board Of Trial Advocacy; Past President of the Melvin M. Belli Society; Sustaining member of Association of Trial Lawyers of America; Member of ABA, Maryland Bar Association, Montgomery County Bar Association (served two terms on Executive Board); Inns of Court (Past Counselor); American Foundation for Autistic Children; Frequent speaker at Belli Seminar & other CLE courses; 40 years trial experience. In 2000, Mr. Weil was named to "Who's Who", a prestigious national recognition of outstanding Professionals and Americans in the United States, and is now a life member. He has successfully handled million dollar cases in personal injury and medical malpractice cases. He serves on the Board of Directors of multiple corporations. Mr. Weil is a certified mediator recognized by the Courts in Maryland to help resolve complex legal issues through mediation.