Disagreements happen in all walks of life. Whether in business or divorce, people may not always be able to easily come to an agreement. Sometimes disagreements turn into more challenging disputes that are not easily resolved through typical methods. Alternative Dispute Resolution (ADR) offers non-traditional options for resolving disputes. The most common types of ADR methods include arbitration, mediation, and negotiation. ADR is useful in helping parties come to an agreement that is good for both sides.
What is Mediation?
Mediation is one of the most common types of ADR. A mediator works with parties to facilitate a resolution to a particular dispute. A mediator is a neutral third party who has training and expertise in handling dispute resolutions. This is a more relaxed ADR option than arbitration, which has particular rules that you must follow in the process. Mediation allows both parties to work together to come to a compromise and agreement to end the disagreement. Once parties agree to the resolution, they put it in writing by signing a written document. Mediation may be used in divorce and other disputes.
How Mediation Works
A mediator is a professional who facilitates discussions between parties. The parties meet in person, along with the mediator. Attorneys may be present as well. The main goal of mediation is to prevent further disagreements and assist parties in coming to an agreement outside of court. This is helpful because both parties are able to provide input into the resolution. Compromise is often necessary. If an agreement is reached, the parties may put it into a written document. Mediation may prevent further litigation in some cases.
Confidentiality in Mediation
Wisconsin law states that if parties resolve a dispute, “the mediator shall ensure that the resolution of agreement is reduced to writing, that it is signed by the parties, and that a copy is given to each party. The written resolution or agreement shall state that all discussions that occurred during mediation are confidential and may not be used as evidence in any hearing or civil proceeding.” Information that is disclosed during mediation is therefore kept private. Both parties typically sign a confidentiality agreement at the start of mediation. Parties cannot use information gained during the mediation process in subsequent litigation unless parties waive their right to privacy.
Seek Legal Guidance
Mediation may be a helpful way to discuss disagreements. It is important to note that mediation itself is not a legal process and is not necessarily performed by an attorney. The mediator is there to assist both parties. You will want to talk to your own lawyer for guidance and representation throughout the mediation process. This is especially true when you reach an agreement with the other party and need to document it. Your lawyer will help you understand the details of the agreement before you sign it.
If you are involved in a dispute with another party, you may want to consider mediation. To learn more, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.