Law Office of Daniel Westerburg

Quail Creek, Arizona

                                                                                 MEDIATION   

                                                                                    What is it?

Mediation is a form of negotiated dispute resolution in which parties meet with a neutral mediator who attempts to facilitate an agreement between them. The process is voluntary and collaborative. The mediator has no power to resolve the dispute but instead is trained to assist the parties to reach an agreement between themselves.


How Does it Work?

One party contacts me and inquires about my availability to mediate the dispute. If I am available and that party is comfortable with me handling the matter, I contact the other party (or parties) to check on his, her, or their availability and willingness to mediate. If everyone is willing to proceed, I schedule a time and place for the mediation.If attorneys are involved, the mediation is normally held at an attorney's office. Otherwise, I will find a conference room.  For complex disputes, I may ask the participants to summarize their positions in advance in writing. All participants will need to sign a contract to mediate before the mediation commences. At the mediation, each participant will have a full opportunity to explain his or her position and goals for the mediation. After everyone has been heard, I encourage the participants to speak to one another directly as we work together towards finding common ground. If the mediation proves successful, I will immediately prepare a written agreement reflecting the understanding reached by the participants. Everyone signs before leaving the mediation. The process generally takes two to four hours.If no agreement is reached by the end of the session but progress is being made, the mediation can be continued to a later date.


What Types of Disputes Do I Mediate?

I feel comfortable mediating a variety of disputes including those arising from elder care, family matters, neighborhood problems, property line and easement issues, animal nuisance complaints, property owner association disagreements, insurance and personal injury matters, commercial disputes, landlord-tenant disagreements, employment issues, small claims matters, and the like. I do not handle divorce mediation but will mediate certain post-divorce matters such as child visitation disputes.


                                                                            How Much Does it Cost?

I charge $100 per hour for mediations, including time spent on preparation and  document review, with a minimum fee of $200. If I need to rent a conference room, that cost will be added to the fee. Most mediations should run between $200 and $500. Unless the participants decide otherwise, the cost will be evenly divided between them. Payment is made at the mediation. Credit cards are accepted.