09 Jun I’m Here For Mediation And I’ve Got My Witnesses
Often times while I am serving as a mediator at the courthouse, people will appear for mediation with a group of friends and say, “these are my witnesses.” Other times, parties preparing for mediation will ask me who or what they should bring with them.
Mediation is not a trial and it is not the time to present your testimony or your witnesses. The mediator is not a judge and does not serve as a juror. Mediation is a confidential process designed to facilitate settlement between the parties and only the parties… and their attorneys if they have ones. The only parties entitled to be in the mediation room are what we call “mediation participants”. The mediation participants are those persons are either named in a pending action, are a real party in interest, or those who would otherwise be a named party or real party in interest if an action relating to the subject matter of the mediation were brought in a court of law. Yes! Confidential mediation can occur without a lawsuit being filed if proper procedures are followed first.
If you have more questions about mediation, feel free to contact me.