Frequently Asked Questions About Mediation

What is mediation?

Mediation brings people together to resolve their disputes in an encouraging, non-threatening atmosphere. A mediator acts as a guide on the path to peace, helping those in conflict to talk and listen to each other and to design creative solutions to their problems.

Why mediate?

• Resolves disputes more quickly;
• Less expensive;
• Resolution is private and not always a matter of public record;
• Allows for creative solutions and remedies not always available from a judge;
• Much less stress;
• Parties control the outcome of their case;
• Enhances or preserves relationships.

When should I mediate?

As soon as a thorny issue arises, consider calling a mediator. Getting professional help before a disagreement worsens can help avoid costly legal fees -- and, once the money has been spent on lawyers, reaching an amicable agreement outside the courtroom can be very difficult.

In what situations can mediation help?

• Relationship dissolution and divorce including division of resources and parenting plans;
• Family issues: parent/teen and child/elderly parent communication;
• Family-owned business disputes;
• Workplace disputes
• Neighbor disputes
• Community disputes
• Environmental disputes
• Landlord/tenant
• Contract negotiations
• Crime Victim/Offender dialogue
• Personal injury
• Real estate
• Construction disputes
• Probate disputes

What about privacy?

Communications in mediation are protected and confidential. A mediator cannot reveal them outside the mediation and cannot testify in court on behalf of either party. Montana state law allows an exception if there is a threat or statement of a plan to inflict bodily injury or commit a crime

What happens if the parties don't agree?

All parties to a dispute must agree to mediate. If after mediation begins, one of the parties or the mediator decides not to continue the mediation for any reason, then the mediation will end. If the dispute is such that a court can resolve it, the parties can proceed through the litigation process.