FAQ

Mediation is an informal, impartial, non-adversarial, voluntary and confidential settlement process whereby a neutral third party, called a mediator, acts to facilitate a resolution to the dispute, which is called a mediated agreement. Mediation costs less, is fast and has the potential to preserve relationships. Because mediation is non-binding a decision cannot be imposed on the parties as they must voluntarily consent to the agreement. The mediator’s role is that of a neutral, impartial, third party who has no stake in the outcome of the dispute. The mediator facilitates communication between the parties by identifying issues, brainstorming for options and allowing the parties to reach a voluntary agreement. The main goal is to keep everyone focused on resolving the issues at hand in a facilitative and confidential environment free from threat or intimidation.

There are many advantages to mediation:

• Mediation is a confidential process. This means that what you say in mediation, stays in mediation. Confidentiality allows the parties to be candid with one another and permits disclosure and honesty.
• Mediation offers the parties the opportunity to create or craft a acceptable settlement agreement, as opposed to a stranger called a Judge, or a group of strangers, called a jury deciding your future. They will never know as much as you do about your own situation. You are the expert of your life, and your truth matters.
• Parties show a high level of satisfaction with mediated settlements, which translates into a reduction of future legal actions and a better compliance.
• Mediation normally can be scheduled within days of the initial telephone consultation. Mediation fees and costs are a fraction of attorney fees and court costs and the process is more informal, relaxed and less adversarial as compared to litigation and trial.

Mediation can be used at any stage of a conflict. It can be used before negotiation to prevent eventual conflicts. However, participant may choose to negotiate directly with each other. After all attempts by the parties at resolving the dispute through negotiation have failed, mediation can be used. Mediation can also be used at any time during litigation or arbitration where the parties wish to interrupt the litigation or arbitration to explore the possibility of settlement.

Ideally, it is recommended to contact a mediator before the conflict rises to the level of filing legal action or before the parties are unwilling to communicate.

All parties should consult with lawyers at the beginning of mediation and near the end, before signing any settlement memorandum. Whether you bring your lawyer or someone else for support is strictly up to you. But you must inform the mediator and the other part in advance, of who else will be attending. People not scheduled to attend will not be permitting into the mediation session without the consent of the other party.

The number of sessions depends on the complexity of the issue(s) at hand, and the willingness of all parties to settle. Some disputes require several sessions to arrive at an agreement both parties can live with. However, if both parties are thorough in providing all relevant information and come in good faith, many disputes can be resolved in a single session.

The average length of a mediation session is 2-5 hours, although there is no set rule. We find that after 5 hours people start getting fatigued, in which case it is wise to stop and set a time for another session. However, if progress is being made and everyone’s schedule permits, it is not uncommon to extend the session and work right through to a successful agreement.

Mediation agreements include only realistic steps that both parties are willing and able to carry out. Our experience is that mediation agreements usually hold up because they are the results of active participation and engagement of the parties. Moreover, the parties anticipate in the settlement agreements what the consequences will be if the agreed-upon actions are not taken. Finally, they include in the agreements any future steps to take if those agreements are not kept by one of the parties.

The mediator, the parties or the parties’ attorneys will draft the agreement. The mediated agreement or settlement agreement essentially becomes a contract between the parties.

Your initial consultation is free. Because each case is unique, there is some variation in cost. Payment for the two (2) hour minimum is due prior to the negotiation session. If the session exceeds two (2) hours, payment of the balance is due at the conclusion of the session.

Cancellations should be done at least two (2) business days before the scheduled session. The party asking for late cancelation will be charged a cancellation fee equal to half of that party’s share of the two (2) hours minimum. Similarly, failure to appear within fifteen (15) minutes of the scheduled time at the designated place and time subjects the late party to a late fee of $20 if all parties are still there when the late party arrives and the mediation can be conducted. If the mediation cannot be conducted when the late party arrives, the late party is subject to a cancellation fee as set forth above.

Sora & Associates reserves the right to waive any late fee or cancellation fee, as it deems appropriate in its discretion.

Restorative Justice is a process that involve to the extent possible individuals or groups with a stake in a particular offense to work collectively to identify and address harms, needs and obligations and their implications for the future. The idea of bringing together the victim of a crime and the person who committed that crime is based on ancient indigenous traditions of solidarity, truth, justice, and balance/healing. The goal is to repair the harms done and heal the participants. Restorative Justice gives those who accept responsibility for the harm an insight into the real impact their actions have had on the person(s) affected, their friends and family or the community. The process aims to help everyone move on.

A trained facilitator, flexible, communication and dialogue styles competency, provides supportive space for all voices to be heard, and guides the process from beginning to end. The safe space offers the opportunity for the parties to listen and dialogue in respect, and dignity as the facilitator guides the scripted process and manages any risks. A meeting is arranged on if the participants agree that it is safe to do so.

The facilitator provides schools, organizations, and communities technical support necessary in the successful design, implementation and management of Restorative Justice practices or programs as well as restorative services to executives, staff, students and families.

Restorative Justice offers the opportunity to talk about what happened (your perspective matters), who has been affected (including you because you matter) and what should happen next (have a voice in the outcome). Many people who have committed crimes have things that they want to explain to the people who were hurt to make amends for their actions. Restorative Justice can help move forward with life, and put offending behavior behind.

If you don’t want to be in the circle, but don’t want to go to court either, you may request that someone represents your interests and ask questions for you in the circle. If you wish to be informed about the outcome, either in an ongoing way, or at the conclusion of the process, you will be contacted with reports.

Criminal Justice

• Crime is a violation of the law and state
• Violations create guilt and require someone to blame
• Justice requires the state to determine guilt and impose punishment
• Central focus: Offender gets what they deserve

Concerned with:

• Who did it?
• What laws were broken?
• Justice requires the state to determine guilt and impose punishment
• What should be done to punish or treat the offender?

Retributive and focuses on guilt, punishment, law.

Restorative Justice

• Crime is a violation of people and relationships
• Violations create obligations
• Justice requires victims, offenders and community members in an effort to make things right
• Central focus: focus: meet needs of person harmed, primarily by the person who caused the harm

Concerned with:

• Who has been harmed?
• What is the nature of the harm resulting from the crime?
• What needs to be done to “make it right” or repair the harm?
• Who is responsible for this repair?

It is a dialogue that restores victims, offenders and community.

Participation in this process is completely voluntary for all participants. One of the primary goals of restorative justice is to increase victims’ satisfaction and healing by giving them an active role in the justice process. We thrive to provide victims with the information, preparation and support they need in order to participate in a restorative justice process. But some victims may not want to participate. In such cases a restorative justice process could still be held with others participating in the victim’s place. For example, affected parties such as a family member or a member of the community in which the incident took place could talk about the impact the crime has had on them.

Normally, Restorative Justice happens when and if the person who committed the offence accepts responsibility for their actions. However, if you have been the victim of a crime committed by someone who doesn’t accept full responsibility, it is still worth getting in touch with a restorative service if you are interested. The goal is to address how You have been affected by the harm. We have processes designed to work to assist victims individually or collectively address the harms thereby leading to healing. Contact us for more information.

This may be the first time that you will be sitting with the Responsible Party. As such, you may feel a little uneasy at first. But the process is designed to be respectful and honest and relaxed. We offer a safe space for discussion of harm, needs, and repair. You will have a chance to prepare for the Opening Circle at your Intake meeting, and you should feel free to ask for a break at any time during the circle.

Your initial consultation is free. Because each case is unique, there is some variation in cost. Payment for the two (2) hour minimum is due prior to the negotiation session. If the session exceeds two (2) hours, payment of the balance is due at the conclusion of the session.

Cancellations should be done at least two (2) business days before the scheduled session. The party asking for late cancelation will be charged a cancellation fee equal to half of that party’s share of the two (2) hours minimum. Similarly, failure to appear within fifteen (15) minutes of the scheduled time at the designated place and time subjects the late party to a late fee of $20 if all parties are still there when the late party arrives and the mediation can be conducted. If the mediation cannot be conducted when the late party arrives, the late party is subject to a cancellation fee as set forth above.

Sora & Associates reserves the right to waive any late fee or cancellation fee, as it deems appropriate in its discretion.