Frequently asked questions about mediation

What is mediation?

Mediation is a voluntary and confidential way for people to resolve their disagreements. During mediation, people meet at a safe and neutral place to discuss their options for effectively resolving their problem. Two professional mediators guide the process to help keep communication respectful.

Why should I try mediation?

Mediation can be an effective first step in trying to resolve a conflict. It saves time, money and energy that might otherwise be spent tangled in a frustrating legal process. In mediation, people in conflict decide for themselves the solution that is right for them. Mediation helps people clear the air so they can preserve their relationship, which otherwise might be damaged if they went to court.

What situations can be mediated?

• Neighbor issues: property-line disputes, animal noise, shared walls, trees
• Landlord/tenant problems: money owed, payment plans, deposits, refunds, back rent
• Family conflicts: decisionmaking about care of aging parents or other family members, communicating with teens
• Real estate disputes: earnest money, non-disclosure of damage
• Small claims: property damage, money owed
• Business issues: partner disagreements, client complaints
• Employee conflicts: office issues, coworkers who don’t get along
• Group decisionmaking: neighborhood associations, community organizations, schools, clubs, boards of directors

What does a typical mediation look like?

Clients meet with two mediators, who explain the process. Then the mediators ask the parties to agree to some guidelines for respectful communication. Each person will have an opportunity to share his side of the story, what he wants, and what he is willing to do to help solve the problem. The mediators will listen and ask questions, making sure participants are clearly hearing and understanding each other. If participants reach an agreement, the mediators will help ensure that the agreement is fair and specific.

Who are the mediators?

Our mediators are a diverse group of volunteers with at least 40 hours of comprehensive mediation training. They are trained to be unbiased and neutral and to help people communicate effectively. They do not take sides and they do not review evidence.

Is mediation legally binding?

Under certain conditions, some agreements reached in real estate mediations can be legally binding. Other types of mediations generally are not. Disputants may request a written agreement, of which they will be provided a copy. We cannot guarantee that these written agreements will be upheld as legally binding should they end up in court.

How long does a mediation take?

Most mediations are scheduled for two hours. If disputants need more time, they may opt to schedule a second session later. Real estate mediations are scheduled for three hours.

Who/what should I bring to the mediation?

We encourage participants to bring only themselves, though they may bring a spouse or partner who is affected by the problem as well. Since mediators are not judges and will not be evaluating evidence, we ask parties NOT to bring evidence, attorneys, neighbors or witnesses. Also, please do not bring your children.

For real estate mediations, disputants may bring their realtor, broker and/or attorney. During the mediation, those parties will be asked to attend as consultants rather than active participants.

We prohibit the use of recording devices, as what is said in mediation is strictly confidential.

How much does a mediation cost?

Most mediations cost $25 per party. Real estate mediations are $300 per party. Group facilitations start at $75 per hour.

Where do mediations take place?

Mediations take place at our office at 3830 E. Bellevue St. in Tucson, or at other venues agreeable to both parties.

I’m having a conflict with someone in another state. Can mediation be done via phone?

Yes, we can provide mediation services via conference call.

Will you discuss my case with anyone (attorneys, law enforcement, case workers, etc.)

The entire mediation process is protected by law as confidential. We will not discuss your case with anyone without your permission to do so.  Neither our case records nor our mediators may be subpoenaed without a court order from a judge.

Who do I contact for more information or to schedule a mediation? 

Contact Community Mediation at (520) 323-1708 x 504 or mediation@ourfamilyservices.org.