Conflict does not always need to become prolonged litigation. Mediation gives participants a structured process for discussing difficult issues, identifying priorities and exploring solutions while maintaining greater control over the decisions that affect them.

How Mediation Works

The mediator serves as a neutral facilitator. Rather than deciding who is right or wrong, the mediator helps participants:

• Identify the issues that need to be addressed
• Clarify concerns, priorities and areas of disagreement
• Improve communication during difficult conversations
• Explore possible options and compromises
• Identify areas of agreement
• Develop practical solutions together
• Organize the decisions reached during mediation

The participants—not the mediator—decide whether an agreement is reached and what they are willing to agree to. This party-driven approach is consistent with how New York Courts describes mediation.

What We Mediate

Resolve WNY mediation may be appropriate for matters involving:

• Parenting and co-parenting disagreements
• Parenting schedules and family arrangements
• Separation and divorce-related discussions
• Family and interpersonal conflict
• Pet and animal-related disputes
• Financial or household disagreements
• Other appropriate civil or community disputes

Not every dispute is appropriate for mediation. Safety concerns, significant power imbalances, domestic violence or other circumstances may require additional screening, safeguards, another process or referral to an appropriate professional. New York Courts likewise notes that some high-conflict or domestic-violence-related family matters may not be appropriate for mediation.

Attorneys Are Welcome

Participants may consult independent attorneys during the mediation process and before signing documents that may affect their legal rights. When appropriate and agreed upon for the mediation, attorneys may participate in sessions as well. New York Courts specifically recognizes attorney participation in mediation.

Documenting Agreements

When participants reach agreement, Resolve WNY may assist in documenting the terms they have developed within the scope of the mediation service. Depending on the subject matter and intended legal effect, participants may be encouraged to have any resulting document reviewed by independent counsel or take additional steps required by the appropriate court or other authority.

Important to Know

Resolve WNY's mediator is neutral and does not represent either participant, provide legal advice, determine either participant's legal rights, decide the outcome of the dispute, or guarantee that an agreement will be reached.

Mediation communications are handled according to the parties' mediation agreement and applicable law or rules. Participants will receive information regarding confidentiality, its scope and applicable exceptions as part of the mediation process.

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