Mediation Services

Our Mediation Experts:

Civil Matters

Family Law Matters

Mediation is a widespread dispute resolution process that helps parties in a dispute come to their resolution. Unlike litigation and Arbitration, Mediation utilizes a neutral third party to create a process that the parties can use to work their way through the dispute on their terms and come to a mutually beneficial agreement. Meditation is a highly effective way of resolving disputes.

Mediations have historically been used primarily in small civil disputes and family matters. However, it is now commonly used to resolve all types of disputes ranging from complicated business disputes to highly contested family law matters. While Mediation is a form of alternative dispute resolution, it distinct from arbitrations in some fundamental ways, most notably that the Mediator has no power to make decisions during the Mediation. Decision making rests solely with the parties themselves.

The Key Features of a Mediation are as follows:

Voluntary:

Parties must expressly agree to Mediation in writing. The parties cannot be compelled to submit to the Mediation; all parties' participation must be entirely voluntary.

Controlled:

Parties have the choice of the Mediator, timing and location of the Mediation as well as who may be present. Once the Mediation begins, the parties do not control the process, the Mediator does.

Private:

A mediation is conducted in private.

Informal:

There are no prescribed rules of evidence or procedures for the parties to follow. Mediation permits the parties to review whatever information they think might be relevant and assign the importance of that information themselves.

Non-Adjudicative:

Litigation and Arbitration are adjudicative because the judge or Arbitrator makes a binding decision after hearing each party's case. Meditation, on the other hand, is non-adjudicative. The Mediator will not make decisions for the parties. The parties are in complete control of the outcome. There is no risk that they will be stuck with a decision with which they do not agree.

Non-Binding:

Mediations conducted by Burnham Law Group are non-binding. The Mediator will provide a Mediation Report, which will summarize the Mediator's understanding of the parties' agreement.

Confidential:

Mediation is generally confidential. Nothing is filed with the Courts, and the record of the Mediation does not form part of the public Court record.

Non-Adversarial:

While the litigation and arbitration process is based on the adversarial style of the litigation model, mediations are not. This allows the mediator flexibility to assist the parties to seek a mutually agreeable resolution of the matter. It is usually much more cost-effective and comfortable for all parties as they are working towards a resolution instead of preparing for a contested hearing. A non-adversarial process is particularly helpful for family law matters, and business disputes where maintaining a relationship with the other party is significant.

Flexible:

The parties have discretion in choosing a mediator and the process to be followed in resolving the dispute.

Mediation Information:

There are times when individuals have a dispute that cannot be resolved amongst one another. At Burnham Law Group, our goal as a mediator is to help client’s come to an agreement as peacefully, quickly, cost-effectively and diplomatically as possible. Allow us to use our knowledge, experience and expertise to ease the movement of your matter.

For more information on our mediation services, please contact us.