Frequently Asked Questions

Mediation is a relatively informal process where an impartial third party (the "Mediator") attempts to resolve a dispute between two or more people through discussion and persuasion. The Mediator cannot force the disputing parties to agree or to participate; however, effective mediators are remarkably successful in creating consensus among parties who are barely communicating (or are unable to communicate with each other at all), and who are each convinced that they are right and the other party is wrong.

Arbitration is a slightly less formal version of a court trial, where an impartial third party (the "Arbitrator") acts like a judge, hears and examines evidence, and makes a decision about who is right and who is wrong. The Arbitrator's decision can be binding or non-binding, depending on the type of process the parties choose in advance. In a binding arbitration, each party is forced to abide by the arbitrator's decision, regardless of whether the decision is right or wrong. In Mediation, no one decides who is right and who is wrong; either the Mediator finds a solution on which the parties agree, or it does not. No one in a mediation is forced to accept a decision or result with which they do not agree, and any party can leave a mediation if they feel it is no longer productive.

The success rate of mediation ranges from 80-95%, depending on the type of dispute.

Mediators have widely varying styles and favor different methodologies; Judge Price tailors his approach to the type of dispute being mediated and the personalities of the parties. Judge Price employs the following general principals to resolve disputes through mediation. • He organizes the procedure so that each issue in dispute is clearly defined and discussed in an orderly manner • He recognizes that some people are less articulate than others, or less skilled at argument and persuasion. Regardless of whether or not he agrees with a party's position, he will assist them in explaining and defending that position, and to effectively respond to claims made by other participants. • He controls the flow of discussion by preventing interruptions, raised voices, and abuse. This ensures that each party will feel safe and secure voicing their opinions, desires, and concerns. • He provides his opinion regarding the applicable law and uses his firsthand judicial knowledge to explain how he thinks the court would rule on each issue. • He formulates one or more proposed resolution of each disputed issue that he thinks is fairest. • He describes the risks of leaving the mediation without a resolution, including the likely costs and time frames of going to court, the unpredictability of the result, and the possibility of an adverse decision.

A mediator cannot force the parties to agree to anything or to do anything. However, skilled mediators are very effective at convincing people that they are not totally and definitely right about everything and that their ultimate success in a court fight is not assured. They explain that the mediator's proposed solution will get them the most of what they want without exposing them to the risks of losing in court, and that continuing to fight will be expensive, time-consuming, and disruptive. In short, Judge Price assists the parties in reaching an agreement by convincing them that accepting the mediator's proposed solution is the best course of action available.

There are no winners or losers in mediation. No one can be forced to do or agree to anything. Judge Price does not decide who is telling the truth and who is lying, or who is right and who is wrong. No one should expect to get everything they want in a mediation, no matter how right they are. A favorable mediation result is one where each party gets a result that they can accept as a better alternative than continuing to fight.

Mediation sessions are not recorded or transcribed, and statements made during mediation cannot be used as evidence in a subsequent arbitration or court proceeding.

If the parties do not agree, the mediation ends without a resolution. The parties are then free to either continue mediation or proceed to court.

The mediator cannot force you to do anything you do not want to do and you are free to decline all of the solutions the mediator proposes.

JMP Mediation coordinates with both parties' attorneys to determine a mediation location. Mediation will typically be held at one attorney's office, but there are scenarios in which a third-party location may be used. JMP Mediation does not have a physical location; we come to you.