What types of conflict resolution processes are there?

Mediation, facilitation, and negotiation are the most common alternative dispute resolution (ADR) practices.  There are litigation (with lawyers and court) and arbitration (a neutral third party acts like a judge to decide an outcome for parties without going through court) options to resolving conflicts as well.  ESECRC offers mediation and facilitation services.  


What if there is no resolution?

ADR practices offer many options to outcomes.  Some aspects of a conflict can be easily resolved quickly, while others may take time.  For example, if a party comes to a mediation not in good faith and with no intent to work towards a solution, then litigation is usually the next step for both parties. All parties have to be willing to come to the table for alternative disputes resolution practices to work.  


What if court requires mediation first? 

If a resolution is reached through mediation, then the mediator will draft a Settlement Agreement for all parties to sign. The Agreement will be submitted to court, and the case will be closed.  If no agreement is reached, then the mediator will submit a Court Referral form and the case will proceed to court.  


Who is the authorizing agency for mediators, negotiators, and facilitators?

While anyone can be a mediator, negotiator, or facilitator, in the state of Utah, to be court-rostered, one must take a court-approved class and complete all the necessary requirements.  Here is a link for more information: https://www.utcourts.gov/en/about/miscellaneous/mediation/provider/qualifications.html. 


How long is a typical mediation?

When parties arrive with options to propose and an open mind, most mediations are settled within a day, though some do last longer. 


Do both parties always meet in the same room?  

Not always.  Many times the mediator will set up different rooms for each party and navigate back and forth between rooms with proposals from each side.  Sometimes parties may start off together in one room, but then break off into separate rooms if emotions run high, private information is shared, or to make parties feel safer.  


How much is mediation and who pays for mediation?

Typically, mediation costs are $100 an hour and split between the parties. Sometimes costs are determined based on income (pro rata) depending on the case and circumstances.  This determination will be made during the intake process.


 What is the intake process?

The intake process happens after an initial consultation and after both parties agree to formally mediate.  The intake process includes completing a form that is sent via email to both parties.  This form asks questions about the disputed issue, what efforts had been taken to resolve the issue, and what each party hopes to gain through the mediation process.  Sending this form via email keeps the process as neutral as possible for all the parties involved.


If you have questions not answered here, please feel free to call at 203-215-3553 or email at info@esecrc.com.