Mediation is simply another form of negotiations. When both sides involved in a dispute or lawsuit decide that they need help from an impartial third party to move towards a resolution or settlement of their disputes, then a mediation can be conducted. A mediator is chosen by you and the other person with the help from your attorneys. A mediator does not make any decisions and cannot force either party to resolve or settle their dispute. A mediator tries to help the parties to reach a settlement.

The manner in which a mediation is conducted is decided by the parties with help from their attorneys. Mediations are conducted: (1) where each party gives a written confidential statement to the mediator (each party's statement is not given to the other party); or (2) where written statements are given to the mediator and exchanged between the parties; or (3) a presentation is made by the parties to the mediator either informally or by a "mini-trial". Whatever method is chosen by the parties, the mediator needs to be educated about the facts, the law and the positions of each party. From such education, the mediator can evaluate each party's case, begin the process to bring each party closer to a settlement.

A mediation may not be successful or appropriate in all disputes, however, a mediation should be at least considered to determine if litigation, continued litigation or a trial is necessary. Your attorney can help you to make a decision if a mediation is appropriate, when and how a mediation should be conducted, and how your case should be presented to the mediator.

If you need help with any of your legal matters, to contact us, please call, e-mail or visit us. We are in Honolulu, Hawaii at: