Frequently Asked Questions
 

What is Mediation?

"A mediator is a third party, generally a person who is not directly involved in the dispute or the substantive issues in question. This is a critical factor in conflict management and resolution, for it is the participation of an outsider that frequently provides parties with new perspectives on the issues dividing them and more effective process to build problem-solving relationships."

Christopher W. Moore, Author of The Mediation Process 2003

Mediation is a form of alternative dispute resolution used to help resolve disputes between two or more parties. Through mediation, the parties are given an informal opportunity to consider the opinion of someone experienced in law, which helps the disputing parties establish and accurate legal basis to measure the chance of success should the issue be litigated before a judge.
 

What is the function of the Mediator?

A third party, the mediator assists the parties to negotiate their own settlement. This mediator is most often an experienced attorney who does not actually make an official decision with respect to resolving the question posed, but, rather, offers guidance and expertise as the parties reach a resolution.
 

How to initiate Mediation?

The first step: A simple phone call to our office (718) 423-5500 to set up the initial meeting or conference call. We will guide you through the process from individual sessions, to mediation evaluation, as well as follow up meetings and conference calls. Unfortunately, sometimes mediation does not produce a successful result for the parties involved. In which case, the issue must be decided before a judge.
 

What are the advantages of mediation versus formal resolution?

  1. The results of mediation are private and, unlike court room hearings, do not become part of public record.
  2. Mediation is faster which saves all parties both time and money.
  3. Mediation provides a forum for testing legal hypothesis or theories allowing parties to gage the strengths of the arguments.
  4. Those involved in the dispute retain control of the resolution since all parties must agree to any settlement.
  5. The parties in disagreement, not the mediator, have the final say in arriving at a decision.
  6. If no agreement is reached, both parties may walk away. However, any settlement agreement signed by the parties to a dispute will be binding on them.
 

Why choose Douglaston Mediation?

Much depends on the mediator's skill and training. The mediator must be wholly impartial. It is essential that a mediator experienced in the issue being disputed be chosen. At Douglaston Mediation our team of attorneys has the knowledge and training necessary to help resolve a broad range of legal disputes.
 

What are the most common disputes mediated be Douglaston Mediation?

  • Divorce
  • Landlord-Tenant
  • Will contests
  • Property
  • Employment issues
  • Estate Planning
  • Contracts
  • Commercial
  • Non-violent criminal matters