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Frequently Asked Questions

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1. What is mediation?
Mediation is a process in which you have the opportunity to listen to and talk with another person, share information, consider each other's perspectives and make voluntary, informed decisions with the assistance and support of a mediator. The mediator, who is impartial, will not make decisions for you.

2. How does someone come to mediation?
One party contacts the Center and Center staff contact the other party.

3. What happens if one party refuses to mediate?
Mediation is voluntary and a session can only be scheduled if both parties agree. The Center respects the decision of each party in choosing whether mediation is right for him/her.

4. Do mediator's listen to both sides and make a decision?
No, mediators do not decide the outcome. Mediators facilitate the conversation between the parties, so the parties can make decisions about the issues.

5. Is a mediation agreement binding?
A mediation agreement is binding and enforceable as part of a court order. The parties decide whether they wish to submit an agreement to court.

6. What about confidentiality?
All communication during intake and in a mediation session is confidential except in cases of child abuse. Mediators cannot disclose what is said in mediation except in de-briefing with staff. This confidentiality extends to referral sources too. The Mediation Center will only disclose if mediation was held or not held. If no mediation was held, the Center will not disclose why the session was not held, including the refusal by each or both parties. In keeping with confidentiality, the Center does not provide letters to either party indicating the willingness or refusal of either or both to attend mediation.

7. Will mediators give suggestions as to how we can resolve our conflict?
The mediator's primary role is to assist the parties in their discussion, so they are able to hear each other and decide how they wish to address the conflict. Most mediators do not offers suggestions, although some do in the form of options. Ultimately, it is the parties decision as to what is best for their situation. The mediators facilitate that discovery.

8. Do I need a case pending in court to request mediation?
No. Anyone can call the Center to request mediation

9. What types of conflicts can be addressed in mediation?
Most conflicts can be addressed in mediation. Examples are parent/teen, landlord/tenant, special education, divorce, small claims, neighbor/neighbor, etc.

10. Can youth request mediation?
Yes.

11. "We've tried to talk already. Why should we mediate?"
Some people find it helpful to have a mediator present who is impartial and trained to help people have conversation. Sometimes things change as a result of a mediated conversation.

12. How much does mediation cost?
Some programs are offered at no cost and some are based on a sliding fee scale. Please call the Center for specific information on fees.

© 2007 Dutchess County Mediation Center, All Rights Reserved.