Mediation is a voluntary and private settlement process emphasizing informed
decision-making and mutually acceptable agreements. Mediation provides an
alternative to the win-lose approach of the adversarial legal system. It is
practical, informed, highly focused on the issues to be resolved, and involves
mutual problem-solving.
SLMS helps parties clarify their disputes, communicate clearly, determine
their needs and interests, consider options for settlement, and reach fair
agreements. Written agreements are prepared where appropriate or desired.
In general, mediation will be confidential. If a settlement is reached, SLMS
will provide the necessary paperwork to turn the agreement into a court
order.
The mediator provides a safe and structured environment for the parties to
talk about their needs, explain their perspectives, and find solutions to
troubling issues. The mediator is a trained expert in the process of resolving
conflict, not the content of your dispute. In other words, you maintain control
over the outcome and make all decisions about what you would like to see in the
future.
2. Why use mediation?
It allows the people most involved in the dispute to design a
solution most appropriate for their situation. As the primary
stakeholders, you are in the best position to design a solution for your
situation. Judges have insufficient time to truly understand the conflict and do
not always have the tools available to design solutions that will work for both
parties. Mediation allows the parties to be creative and stay in control of
their conflict.
It's effective Mediation works. About 80% of the time,
mediation helps the parties solve their disagreement.
It promotes understanding Even when the parties don't
resolve all their issues, they usually feel better, learn more about one
another, and build their ongoing relationship.
3. How much does mediation cost? There is no charge for an
SLMS mediation. One of the parties must be an eligible PSU student.
4. Can I choose the mediator for my case? No. SLMS assigns
mediators to cases based on the availability of the mediators.
5. If I mediate my case, do I give up other rights? No.
Mediation does not require that you waive any other right you may have to
litigate a dispute. However, if you accept mediation with SLMS, SLMS will not be
able to represent you in that matter or a matter substantially related to the
matter mediated.
6. How long does mediation take? On average, each mediation
session lasts 2 hours. SLMS mediation is limited to four 2 hour sessions.
Litigating a case can take far longer and unlike litigation, the mediator can
coordinate with the parties' schedule.
7. Can I make the other party attend a mediation? No.
Mediation is a voluntary process so you cannot force another party to attend.
SLMS may be able to assist you in talking to the other party to explain the
benefits of attempting to mediate the dispute.
8. Does the mediator
make a decision about my case? No. Mediators are not judges or
arbitrators and they will not make a decision regarding your case. The mediators
are there to assist the parties in resolving their dispute.
9. What should I bring to the session? You will be in contact
and given instructions on what to bring regarding your case after you have
selected mediation.
10. What happens if I don't want to mediate? The mediation
process is entirely voluntary. There are no penalties for deciding not to
mediate. Mediation is confidential. No contact will be initiated with the other
person without your permission. You may request legal assistance with SLMS if
you are eligible for services AND if there are no conflict of interests.
11. What types of cases does SLMS mediate?
SLMS will mediate disputes under the following conditions:
All parties to the dispute MUST consent to the process.
If the dispute is subject to another established process, that process must
NOT prohibit mediation as a means of addressing the dispute.
SLMS will NOT mediate disputes where, in the professional judgment of the
SLMS staff, the dispute involves mental health or other professional issues
beyond the training of the mediators or where mediation might exacerbate rather
than resolve the underlying issues.
SLMS will mediate disputes involving an off-campus party, so long as one of
the parties is a current eligible PSU student.
The issue must NOT concern potential criminal action or violence between
parties.
Currently, SLMS accepts ONLY domestic relation issues for
mediation.
Some common issues appropriate for mediation are:
Parenting time agreements
Property and debt distribution
Child support
Issues involving pets
Domestic partnership issues
SLMS will NOT mediate disputes under the following conditions:
