Mediation

Mediation is a non-binding settlement conference facilitated by the efforts of one of NAM’s highly-skilled mediators. Mediation seeks to preserve relationships and to resolve matters quickly and with considerable savings of time and money.

At NAM, we understand that mediation is a voluntary, informal and flexible process designed to assist disputing parties with reaching their own resolution. Known for our award-winning and highly-respected nationwide panel of experienced mediators, NAM is committed to helping parties resolve their disputes, regardless of its complexity or size.

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Our mediation services

Why mediations work:

Meaningful negotiations between parties are more likely to occur with the assistance of an experienced and skilled mediator. The mediator facilitates the communications, which make the forum a productive environment for ultimately settling the dispute.
During a mediation, the mediator brings his or her negotiation skills to the table, and to keep both parties focused on exploring productive avenues to settlement – posturing and hard bargaining are reduced or eliminated.
Mediation provides the opportunity for all parties to convene for the express purpose of discussing settlement. This enables all parties to focus their entire attention on resolving the dispute.
Mediation offers each party a “realistic” look at their own case and can provide insight into the opposing side’s case. It also allows for the client to be present and take an active role in the process, whether in direct conversation with the mediator or hearing the other side’s position. As it becomes clear to each party what they can expect to achieve, their position on settlement usually becomes more defined and flexible.

Important points about mediation:

The process is flexible and voluntary. Unlike arbitration, the mediator does not render a binding decision. During this assisted negotiation, the parties must mutually agree upon an outcome for a settlement to be reached.
All communications in a mediation are confidential and the mediator cannot be called as a witness in any subsequent litigation. Additionally, if settlement is not reached, any statements made during the proceedings are inadmissible as evidence in subsequent litigation.
Any information disclosed to the mediator by a party in private caucus will not be revealed to any other party unless permission has been given to do so.

Our mediation process

After the disputing parties agree to mediation, the conference is scheduled.
Parties will subsequently provide their pre-hearing submissions.
At the conference, all parties are present for opening statements and the mediator’s introductions.
Each party will present the general outline of their case and discuss their positions.
The balance of the mediation takes the forum of breakaway or individual caucus conferences.
It is in these caucuses that the Mediator works with each of the parties to analyze their case and develop options for settlement.