Responsibility for the costs of mediation depends on the situation. If both parties see the benefit and are anxious to resolve the dispute, they may agree to split the costs. If one party is anxious to resolve the issue and the other one isn’t but will participate, perhaps only the party initiating the mediation pays. The mediator will work with you and the parties to identify alternatives and a decision.

First, those people which have authority to make the settlement happen should be present at the mediation and agree to the settlement terms. If they are not present, written statements should be secured that they authorize the terms.

In general, however, you can proceed with mediation to share information, discuss alternatives, and arrive at an agreement. The resulting informal, though written, agreement can remain as a memorandum of settlement understanding between the two parties or attorneys can be approached to explore how to best put the weight of the law behind the agreement.

Though mediation is often undertaken outside the courts, parties are encouraged to get the advice of their attorneys. Attorneys may be present at the mediation table or parties may consult them outside the session. The parties are also encouraged to have their attorneys review either formal or informal agreements.

The next step is to send a note of interest to Mediation Partners New England. CLICK HERE to complete contact information and someone will get back to you within two days. If you’d prefer, you can call at 617-799-8706 to speak to Susan directly.