Frequently Asked Questions

Mediation

Why should I go to mediation instead of straight to trial?

Litigation always comes at cost. Often people tend to think of going to court in only terms of paying attorneys fees. However, there are so many other costs associated with litigation such as the emotional expense and the time spent preparing for court. Often, these costs can never be recovered with a trial verdict.

Mediation is a chance for opposing parties to come together and resolve a dispute before incurring some of those heavy and unseen costs. When parties can mediate a case and resolve a dispute on their own terms, instead of in the hands of a third party, they are more likely to come to a better (and less expensive) resolution.

What is your mediation style?

Ms. Browning is mostly a facilitative mediator. Mediators who hold themselves out as “facilitative” are focused on providing good communication between the parties. They are good at listening and addressing the client’s feelings and concerns. Facilitative mediators do engage in “reality testing”, but they always allow the parties to come to their own conclusions. Ms. Browning believes that parties are more likely to have a successful outcome if they decide on their own how to settle their case, rather than being told how to settle their case.

Ms. Browning is quick to point out that listening to someone does not mean agreeing with what they say. The mediator should be able to understand different views without either internalizing them or judging them. This is the most difficult part of a neutral mediator’s work. The mediator who is judgmental, dismissive of ideas or feelings, or who cannot deal with emotions will miss opportunities for settlement. On the other hand, parties must understand that openness plays a large role in mediation. Subject to confidentiality, the more the mediator can relate to an opposing party where the other side is coming from, the greater chance the case may settle. It is the mediator’s job to convert each side’s position into a message the other side can hear.

Why can’t the attorneys just work this out on their own?

A Mediator (third party neutral) will bring certain resources to the process, which include:

– Detachment from the dispute (Neutrality)

– Confidential information provided by each side

– Professional tools for dealing with obstacles

– Reality testing of evidence and arguments and true costs of trial

– An instinct for unstated needs and concerns

– An ability to think outside the box to assist in the development of unexpected solutions.

– Most important of all, patience and persistence.

I have a civil and/or family law mediation scheduled, how should I prepare?

Parties should come to mediation with all the important papers and evidence they need to support their case on the day of the mediation. Also, parties should ensure all stakeholders in the mediation are available and present for the mediation. A few weeks prior to a mediation, Ms. Browning will send out a Mediation Package, with an Agreement to Mediate, Rules of Mediation, and Online Guidelines. She often sends this via DocuSign and would ask that each party send her their secure email address.

Prior to the day of the mediation, Ms. Browning reaches out to each attorney to make sure she understands the case and their client’s position. If a case is more complex, she will ask for mediation statements from each side along with all discovery that has been exchanged. Ms. Browning considers all information she receives confidential unless explicitly told otherwise. Ms. Browning asks that clients work with their attorney, so each attorney understands exactly what the client wants to resolve their case.

Is Mediation Emotional?

Mediation can be tough emotionally and physically. Some people are working through emotions during the negotiation process. A good mediator will handle whatever curve balls the parties throw, and will continue assisting the parties to get to a settlement.

How do I schedule a Mediation?

If you are represented by an attorney and wish to mediate with Ms. Browning you must have your attorney’s office contact Browning ADR, LLC to set up a mediation. On our calendar the first question asked when scheduling a mediation is if the parties have legal representation. Ms. Browning has sole discretion as to what cases we retain and reserve the right to refuse any case per our discretion. Click here for calendar. Need to know how to mediate online? Click here