About Mediation
Albany NY Mediation Lawyer
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About Mediation

Participants in mediation reach an agreement through consent. A mediator is an impartial facilitator and cannot impose or force a settlement on the parties.

Mediation is not counseling. Inevitably a certain amount of venting occurs, but primarily the parties go to mediation in order to come to an agreement about one or more issues affecting practical aspects of their relationships.

Mediation is not arbitration. The mediator helps the participants arrive at their own solution rather than imposing a decision based on evidence presented at a hearing.

Mediation is not litigation. However, some agreements, such as child support and separation agreements, are subject to court approval.

Participants may obtain independent, expert advice from attorneys, counselors and financial advisors at any time during the mediation process.

On occasion, the mediator may want to meet with each person separately. This is called "caucusing." Caucusing may be beneficial for many reasons, including relieving tension, or allowing the mediator to act as a sounding board, or to test whether a particular proposal is realistic.

Any disclosures made during a mediation session are confidential and cannot be used for subsequent litigation. There are specific exceptions that are described in the model standards of practice for family and divorce mediation.


 

Tully Rinckey PLLC
Attorneys & Counselors at Law
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Albany Mediation Attorney