Mediation Services

Patrick J. Foley, Esq., an experienced mediator, facilitator, and attorney, specializes in providing mediation services for individual and business dispute resolution. Pat's goal is to help individuals and businesses reduce the cost of dispute resolution, preserve important relationships, and achieve early and long-lasting resolution of disputes.

What is Mediation?
What are the Benefits of Mediation?
Will You Need an Attorney?
Is Mediation a Good Fit for Your Dispute?
What Happens if You Want to Mediate and the Other Party Doesn't?
What are the Steps in the Mediation Process?
Is Mediation Confidential?
How Can You Get Started?

What is Mediation?

• Mediation is a process in which a neutral person (mediator) facilitates communication between the parties.
• Without deciding the issues or imposing an outcome, the mediator helps the parties to better understand the issues and each other and to reach a mutually agreeable solution to the dispute.

What are the Benefits of Mediation?

• There are many benefits to using mediation. First of all, it saves time and money. It also allows the parties to maintain control over the outcome and to create flexible and comprehensive solutions, which are often not available in litigation.
• By giving the parties a voice in the process, mediation enables the parties to express their needs and interests while preserving important individual and business relationships.

Will You Need an Attorney?

• Each party would typically benefit from having an attorney at the mediation who can provide legal advice and guidance concerning the issues in dispute. The typical amount of legal fees in mediation is significantly lower than would be incurred in adversarial litigation.

Is Mediation a Good Fit for Your Dispute?

• Mediation is an excellent process for resolving virtually every kind of dispute where the parties are seeking to reduce the costs, save time, and preserve their relationships. However, mediation may not be a good fit in certain cases, for example, where the matter requires a legal ruling from a judge or where there is an unresolvable power imbalance that would result in an unfair process.
• Mediation is most effective where each party is willing to keep an open mind, to listen, and to consider reasonable alternatives for settlement.
• Mediation is often successful even in cases where the dispute is longstanding and the idea of settlement appears hopeless.

What Happens if You Want to Mediate and the Other Party Doesn't?

• In many instances a mediator can speak with a reluctant attorney or party to hear concerns and to discuss how the mediation process can benefit them. Often parties are not familiar with mediation, and after learning about it, find it a preferable method to address their dispute.
• If you wish our assistance in obtaining the agreement of others to mediate, please feel free to Contact Us and we will discuss how to address parties who are resisting the process of mediation.

What are the Steps in the Mediation Process?

• Gathering Information: At the outset, the mediator typically gathers preliminary information from the parties over the telephone, and occasionally meets with each party and attorney prior to the mediation. He may also ask the parties to exchange written information concerning the issues in dispute and the relief being sought in the form of a memorandum, usually not exceeding 5 pages, plus exhibits.
• Identifying Issues: The mediation begins with a joint session involving all participants. At the opening session each party is asked to briefly summarize his or her position, using documents or exhibits if desired. The goal is not to prove a case, but to clarify your views, to identify issues, and to begin exploring each party's needs and interests. The mediator may also speak privately with each party and attorney to discuss information that may facilitate a resolution of the matter, and to assess realistic opportunities for settlement.
• Identifying Needs and Interests: A primary goal of the mediation is to identify each party's needs and interests and to generate various options for settlement.
• Exploring Options for Settlement: The mediation typically continues until an acceptable resolution is reached, and a summary of the terms of agreement is drafted. If an agreement is not reached at the first session, the parties often schedule another session to engage in further discussions.
• Cases that Don't Settle: In the event that a settlement is not reached, the parties are free to pursue other legal means to resolve their dispute. It is worth noting, however, that in cases that do not settle in mediation, it is very common for them to resolve soon thereafter, due in great part to the information exchanged and the understandings reached during mediation.

Is Mediation Confidential?

• All statements made in the course of mediation are confidential, privileged settlement discussions. All participants must agree that any statements made or information disclosed to the mediator is privileged and that information cannot be disclosed under any circumstances. In rare cases, such as imminent threat of serious bodily harm involving child or elder abuse, or where a court, statute, or ethical obligation requires disclosure, confidentiality may not exist. These potential exceptions should be discussed with the mediator.
• Mediation is an excellent choice for parties who desire to resolve their dispute privately.

How Can You Get Started?

• If you have questions or would like further information about the use of mediation for your dispute, contact Patrick Foley directly at 847-446-8900 or Contact Us at pfoley@foleymediation.com
• Additional information concerning mediation is available at this website by clicking on Resources.