Mediation

Mediation is a rapidly growing method to resolve disputes between parties in litigation or in conflict. Mediation is being used more and more frequently in business and personal injury disputes, domestic relations litigation, estate and probate litigation and other matters.

Scott Jensen mediates in the areas of business and personal injury disputes, domestic relations, probate and estate litigation, construction litigation, real property disputes, insurance litigation, agricultural matters, workplace mediations and a number of other areas. Scott is a qualified neutral, or mediator, who works with the parties, either with or without attorneys, in an effort to resolve a pending case or to resolve a dispute prior to a case being filed.

Advantages of Mediation

  • Confidentiality
  • Resolution by an impartial third party
  • Cost: Mediations are typically a fraction of the cost of a trial
  • Allows ongoing relationship between the parties
  • Efficiency: Mediations can resolve disputes more quickly than the Court system
  • Can break a deadlock between the parties

6 hours of free services provided for almost all disputes affecting children

Begins with a confidential orientation meeting with the mediator and each party separately

Mediation can be done with attorneys present or without

Mediation can be done with all parties in one room or in two rooms

Mediations are confidential

Mediations, if successful produce a letter outlining a tentative resolution

These mediations are typically not binding until terms are later put in a signed agreement

Participants should bring in income information, cost of health insurance, child support calculation and documents showing asset and account values, and debt amounts

Sample documents

  • How to prepare for Mediation
  • Guide for Participants in Mediation
  • Discussion Topics for Mediation
  • Sample Divorce Distribution

Mediation can be done before suit is started or during litigation process

Mediation can be done with attorneys present or without

Mediation can be done with all parties in one room or in two rooms

A standard attorney rate is charged for the mediator, usually divided between parties

If attorneys are not present, a retainer is brought by the parties to the mediation

Mediations can result in a tentative settlement or in a binding agreement or stipulation

If attorneys are not present, an attorney prepares a binding agreement following mediation

Sample documents

  • Letter to unrepresented parties
  • Letter to attorneys of represented parties
  • Mediation agreement to be signed
  • Sample Divorce Distribution

Can be done for personal injury, business disputes, will contests, landowner disputes, insurance disputes, employment disputes or other matters

Participants are usually represented by counsel

Participants are usually in separate rooms

Attorneys are asked to send confidential mediation statement to the mediator in advance of mediation outlining facts, strengths, weaknesses, subrogation amounts, parties to attend and settlement discussions to date

The parties may ask to be introduced to one another, but opening statements usually not given

The parties may tell the mediator information not to be shared with the other party

If the case resolves, it is usually summarized in an abbreviated settlement agreement

Sample documents

  1. Letter to counsel
  2. Mediation Agreement
  3. Mediation Summary of
  4. Settlement Agreement