BOTH PARTIES HAVE CHOSEN TO MEDIATE...HOW DO YOU BEGIN?
Q. Who makes the initial contact with the mediator?
A. The parities can chose between themselves who will get information
from the mediator, set up an appointment and advise the other party.
Q. Who pays for the mediation.
A. Customarily the cost of the mediation is divided equally. However,
other arrangements, as long as they are agreed upon by both parties,
can also be made.
Q. What should I take to the mediation?
A. Take any documents (statements, invoices, photographs, etc.)
that will help you to explain your situation.
Q. How can I prepare for the mediation?
A. Think about what will be important for you to discuss with the
other party. Asking yourself the following questions may be helpful;
What will be important to tell the other party that they may not know
What would be the best / worst result of the mediation for me?
What might be a realistic resolution to the dispute?
Q. What will happen in mediation?
A. The mediators and the parties will sit at a table in the Mediation
Conference Room. You and the other party will have the opportunity
to talk about whatís happened and whatís important to you. Youíll
talk about ways your disagreements might be resolved. Sometimes resolution
includes compromises but not always. Mediators will ask questions,
try to help clarify issues and make sure each party is heard, understood
Any agreement you reach in mediation is voluntary. You wonít be required
to agree to anything unless you want to.
Whatever is said in mediation (any offers, etc.) cannot be used as
evidence should your case proceed to Court.
If you reach a proposed agreement, you may want to think about
it for a day or two. You may also want to talk to a family member,
spouse, friend or attorney before you make a final decision.
If you resolve your case through mediation, all parties will sign
an agreement and the case will not proceed to Court.
Mediations generally last from 30 minutes to two hours.
Q. What if The Other Party Does Not Keep the Agreement?
A. Most times people follow through on mediated agreements and
uphold their part of the agreement. However, if this doesnít happen,
you may file a complaint against the other party in the Taos County
Magistrate Court. You would file a Motion to Enforce the Mediated
Agreement. A short hearing will then be set before the judge assigned
to your case. The judge will decide if the agreement should be enforced.
Q. What if Mediation Does Not Resolve My dispute?
A. You may choose to file a formal complaint in the Taos County
Magistrate Court. After following their procedures your case will
then be sent to the judge and set for hearing. Even if you didnít
reach an agreement in mediation you have had the opportunity to
talk about the situation and you may be better prepared in Court.