What is mediation?
"Mediation is a form of aided negotiation involving a third party not currently a participant of the dispute. Mediation can be formally defined as the intervention by a third party between two or more sides in a dispute, in an attempt to help them reach an agreement. The third parties in this process are called mediators. Mediators are not commissioned to render a decision but merely to guide the participants in reaching a mutually satisfactory agreement." (National Association of Civil Mediators)
Kelvin C. Brooks
is a certified Civil Mediator, with over 20 years of diverse experience in helping parties come to mutually acceptable agreements in important conflicts and significant disputes. From family matters, like divorces and custody disputes, to civil matters like civil rights, personal injury, and law against discrimination suits; Kelvin can help. In addition, Kelvin is a Rule 1:40 qualified mediator on the roster of NJ court-approved civil mediators. "Together, we will work toward resolution and closure, at a reasonable cost, in a reasonable time-frame. Contact me today for a FREE consultation!"
Phone: 609-447-1105 Email: Admin@TheBrooksInstitute.us
Frequently Asked Questions
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Why should I choose mediation?
Mediation is focused on people and outcomes. Whether a dispute is referred to mediation by the courts or parties come in on their own, mediation has a high success rate and all parties will feel in control of the process and the outcome... because you are! For families, friends, neighbors, co-workers, and any person you are likely to have continued interactions with, that you want to be pleasant and positive, mediation is the best option, hands-down. Mediation also helps to prevent the need for a civil law suit, and in the instance of family cases, parties often attend mediation first to come to an agreement on certain issues in dispute BEFORE going to family court to finalize divorces and custody matters.
Even in civil litigation, mediation is always going to be more beneficial, overall, for the parties involved. Litigation is very taxing on all involved. Not only can litigation be extremely expensive and time consuming, it can also take a large emotional toll. Not to mention, in civil litigation, there is usually a winner and a loser. However, in mediation, while all parties may not get exactly what they want going in, all parties of the dispute emerge as winners, because they are able to come to a resolution that they have all arrived at, agree with, and can live with.
Other benefits of mediation include; it's confidential, private, completely voluntary, and less formal, and has a high success rate. Remember, civil cases can often drag out for a long time, cost a great deal in attorney fees and settlements, and can be quite stressful. What's worse, the parties have no control over the process, but remain at the mercy of the judge or jury. Mediation keeps the focus on the parties and what will most benefit everyone involved. It is truly the most beneficial means of dispute resolution for all involved.
How much will mediation cost me?
The short answer is, a lot less than litigation. My fee range is between $420-$600 an hour, depending on the type of dispute in question (though $420 is the set rate for court-referred cases). Fees are split between the parties involved in the dispute (e.g. two parties, $200/hour each).
For non-court referred cases, a deposit is required on the day of mediation, prior to the session beginning. The exact fee is determined after the FREE consultation and an estimate of how long it might take to resolve the matter at hand will be offered at that time.
For court-referred cases, the parties receive TWO HOURS FREE hours of mediation (1 hour research and preparation, 1 hour mediation), and any excess research time and mediation time beyond that first two hours will be charged at the standard $420 rate, to be billed after the matter is settled.
Is mediation legally binding?
Mediation does not have the binding authority of a judicial proceeding, however, whatever resolution the parties agree upon at the end of the mediation process, is drafted into a written agreement and becomes a legally binding agreement between the parties involved. The agreement that results from the mediation process can then become a source of litigation if a party breaches the terms of that agreement.
Do I need an attorney?
No. Many mediation cases originate in civil court and are referred to mediation, so parties will often already have an attorney representing them. While attorneys can accompany their clients to mediation and give their client counsel during the process, attorneys are not the principal participants in the mediation process. During mediation I will be addressing the involved parties and will want to hear from them. For those who come to mediation without a civil case pending/in progress, you too are more than welcome to have an attorney with you, but again, their role will solely be to counsel you as you desire, not speak for you.
What kinds of disputes can I bring to mediation?
Any matter in dispute is eligible for mediation so long as the parties voluntarily agree to mediation. Mediation can be used to settle neighbor disputes, property disputes, family disputes, divide assets, resolve business disputes, achieve custody agreements, personal injury cases, and more. If it's a problem and source of dispute, mediation can help you arrive at a solution.
Click Here For NJ Courts Civil Mediation Info & Resources