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Mediation has been proven effective in a wide variety of cases, ranging from family law and probate disputes among family members to complex commercial disputes and intellectual property matters.
Civil mediation begins by exchanging some information with the mediator so that he or she understands the basics involved in the dispute. At the mediation, the mediator discusses the various benefits of mediation and gives an overview of the process, including telling the parties that the process is voluntary and confidential and the mediator’s role is to help the parties achieve an amicable settlement on the claim.
Because the mediation process is confidential, the mediator cannot discuss what was relayed in mediation. Instead, a mediator can only confirm that the parties mediated in good faith and were not able to reach a conclusion or that they reached an agreement that is incorporated into the written settlement agreement he or she presents to the judge.
The length of mediation depends on the parties, the complexity of the dispute and the willingness to avoid litigation.
Because judges prefer cases to be resolved out of court, many maritime cases can be mediated instead of litigated. Many maritime contracts call for alternative dispute resolution to be used if a dispute arises, and these cases may require mediation.
