Frequently Asked Questions
What is mediation?
Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial mediator who assists them in reaching a settlement. Attendance at the mediation conference may be required by a court order or by statute or contract clause, or it may be voluntary, as in the case of a pre-suit mediation.
Who is a mediator?
The mediator is a person with patience, persistence and common sense. He or she uses negotiation techniques and powers of effective listening, articulation and restatement. The mediator is a facilitator who has no power to render a resolution to the conflict. The parties will fashion the solution or agreement as a result of the mediation process. While Mr. Brennan is an attorney, he cannot give legal advice while in the role of a mediator. However, the mediator's legal experience may be beneficial to the parties in wording and framing the mediated agreement.
How long does a mediation conference take?
The amount of time a mediation takes varies widely, depending on the nature of the dispute, the number of parties and other factors. Very generally, a mediation will last a minimum of two or three hours, but they sometimes take much longer. In some cases, the parties will return for another day of mediation if the initial conference was unsuccessful.
Who pays for the cost of mediation?
The cost of mediation is usually shared equally between the parties, or as otherwise agreed or ordered.
Is mediation the same as a trial?
No. A mediation is intended to help the parties reach an agreement to resolve their dispute. The mediator is not a judge or arbitrator. He help to facilitate the settlement discussions. The mediator is neutral and does not make a decision about the dispute.
When can a dispute be mediated?
Disputes may be mediated at any time. The dispute may either be pending in a court or potentially a dispute which may be filed in court. A dispute that is mediated before a lawsuit is filed in court is called a “pre-suit” mediation.
What kinds of disputes can be mediated?
Cases suitable for mediation are disputes in commercial transactions, personal injury, construction, workers compensation, labor or community relations, divorce, domestic relations, employment or any other civil matters.
What types of Mediation Disputes that Mr. Brennan has handled?
Mr. Brennan has conducted thousands of mediations. Here are examples of the many cases he has mediated: Auto accidents, aircraft accidents, contract and business disputes, divorces, insurance coverage disputes, boat accidents, medical malpractice, wrongful death, probate disputes, eminent domain/condemnation cases, property boundary disputes, defamation cases, premises liability, ADA claims, state and federal civil rights cases, employment law claims, partition actions, battery claims, slip and falls, construction defects, trademark and copyright issues, intellectual property disputes, bicycle accidents, and all manner of other contract, negligence and other civil claims.
Is mediation confidential?
Generally yes. The participants at a mediation may not discuss what is said at mediation with anyone who was not a participant.
Negotiation, Unions, & Torts
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