Mediation and Conflict Resolution Services
Expert Online Mediation Services
Mediation is an effective and collaborative alternative to traditional litigation, offering parties the opportunity to resolve disputes in a more amicable, cost-effective, and efficient manner.
Our Business Mediation Services
Workplace Conflicts
Mediation is a valuable tool for resolving disputes among employees, managers, boards, or entire teams. It effectively tackles issues such as discrimination, harassment, interpersonal conflicts, and employment disagreements, ultimately resulting in a harmonious and cooperative work environment.
Business & Commercial Disputes
Mediation is commonly used in business settings to settle contract disputes, partnership disagreements, and other commercial conflicts. It allows parties to preserve business relationships while finding cost-effective solutions.
Consumer Disputes
Mediation proves highly effective in settling disputes between consumers and businesses involving product liability claims, contract breaches, and disputes arising from services rendered. It offers an accessible and efficient avenue for resolution and ensures a streamlined process for all parties.
What are the Benefits of Online Mediation?
Saves Money
Substantial savings compared to courtroom proceedings, with reduced legal fees, minimized litigation requirements, and lower overall expenses.
Builds Relationships
Strives to maintain or even improve relationships between parties, making it an ideal choice for disputes involving ongoing workplace or business interactions.
Resolves More Quickly
Often results in faster outcomes compared to court procedures, enabling parties to achieve resolutions promptly and without long delays.
Reduces Stress
Offers a more peaceful path to dispute resolution, reducing the stress, anxiety, and negative emotional energy commonly linked to conflicts.
Is Convenient and Private
Easily accessible through online platforms, eliminating the need for travel and offering parties the convenience to engage from their office or home.
Empowers Solutions
Allows parties to determine the resolution of their dispute and actively create mutually agreeable win-win solutions, retaining control over the final decision.
What Types of Business Disputes Do We Mediate?
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Benefits and leave of absence disputes
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Board of directors’ disputes
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Breach of contract disputes
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Business formation and dissolution disputes
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Business to customer disputes
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Compensation, bonus, commission, and equity disputes
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Confidentiality, non-disclosure and non-competition disputes
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Defamation and disparagement claims
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Disciplinary action disputes
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Discrimination claims
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Employment contract disputes
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Employment termination disputes
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Grievances as part of dispute resolution process
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Harassment claims, including sexual harassment
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Intellectual property disputes
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Interpersonal, team, or group conflicts
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Job accommodation disputes
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Partnership, shareholder, and founder conflicts
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Performance evaluation disputes
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Professional services disputes
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Retaliation and whistleblower complaints
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Vendor and supplier disputes
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Working conditions disputes
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Workplace bullying claims
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Workplace injury and accident disputes
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How Does Mediation Work?
Kickoff and Issue Identification
Parties meet with an impartial mediator to kickstart the process, establish ground rules, and express their goals and concerns. The mediator fosters open dialogue and ensures that each party has a chance to share their perspective and grasp the core issues. Together, they identify key topics for discussion and prioritize their importance.
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Interactive Dialogue and Negotiation
The mediator facilitates collaborative brainstorming sessions between the parties to explore a range of solutions. The parties actively pursue common ground and consensus on each issue, with the mediator’s help, as part of a productive negotiation process.
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Agreement, Resolution, and Closure
Following the mutual agreements, the mediator helps draft a comprehensive agreement, outlining each party's responsibilities and terms. Parties then carefully review the agreement to ensure it aligns with their intentions and make any necessary revisions. When all parties are satisfied with the terms, they sign the document, turning it into a legally binding agreement. The parties can then implement the agreed-upon solutions and bring closure to the dispute or conflict.
How Much Does Online Mediation Cost?
Flat Fee Mediation
The mediation fee for half-day mediation (4 hours) is $350 per party. Flat fee mediations are designed to be completed within the allotted time and includes the mediation hearing and conference time, document preparation time, and up to two hours of preparation and follow-up by the mediator outside of the hearing. Additional time, if required, is billed at the mediator’s standard rate of $75 per party per hour.
Administrative Fee
A one-time administrative fee of $50 per party covers document handling and processing, online session coordination, signature platform, and payment processing fees.
How Does Mediation Differ from a Court Hearing?
Cost and Time
Mediation is often more cost-effective and quicker than court. Court can be expensive with attorney fees, court expenses, and lengthy litigation.
Formality of Process
Mediation is a voluntary, collaborative process that's less adversarial and formal than court. In mediation, parties share arguments, evidence, and witnesses informally, while court proceedings follow strict legal rules.
Confidentiality
Mediation discussions are private. Information shared in mediation usually can't be used in court, encouraging open communication. Court proceedings are public, and the information becomes part of the public record, though there are rules to protect certain types of sensitive data.
Outcome
Mediation results in a tailored agreement based on parties' needs, while court decisions rely on legal principles and evidence, sometimes disregarding parties' preferences and leading to potential winners and losers.
Frequently Asked Questions
Q: What types of disputes and conflicts are not handled by Hollan Group?
A: Hollan Group does not handle:
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Family law disputes
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Criminal or restorative justice disputes
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Real estate, HOA, or landlord/tenant disputes
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Trust or estate disputes
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Malpractice, personal injury, or medical claim disputes
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International business and law disputes
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Disputes with a claim amount of $250,000 or more
Q: How long does online mediation take?
A: The length of time needed for an online mediation varies as each case is unique. A typical online mediation consists of one flat rate session, arranged at a mutually convenient time for all parties involved.
Q: Who pays the cost of mediation?
A: The parties typically divide the mediator's fees equally or agree on a fair proportion so that all sides are invested in the process. Often, there is a mediation clause defined in an employment or business contract so that parties know what to expect before a dispute or conflict arises. Occasionally, one party may cover the entire cost of mediation as part of the negotiation process or when suggesting mediation as an alternative to litigation.
Q: How is the mediator paid?
A: Mediators are paid a flat fee for conducting a mediation session. Mediators are not paid based on the results of mediation and they do not collect contingency payments based on negotiated settlements, which are often 20% or more of awards in traditional court disputes.
Q: What equipment do I need to participate in online mediation?
A: You will need to access Zoom, which is available free on a desktop computer, laptop, tablet, or smart phone. You will need access to sound, microphone, and camera capabilities and are encouraged to set up an account and sign in to Zoom ahead of mediation and practice using the app with a family member or friend.
Q: How does online mediation accommodate accessibility needs?
A: First, let the mediator know of any accessibility needs prior to your mediation session so that reasonable and impartial accommodation can be made to ensure a comfortable, user-friendly mediation process. Reasonable accommodation typically includes taking breaks as needed and using adaptive technologies such as screen readers, Braille displays, keyboard alternatives, real-time transcription, text-to-speech or voice-to-text, and audio amplification devices. ASL interpreters, foreign language translators, and case workers or legal representatives for individuals with disabilities may attend the session with you as needed, with prior approval by the mediator and notification to all parties. The cost of any accommodation is paid by the party seeking accommodation, or shared if agreed upon by all parties, and is not included in the mediation fee.
Q: Is an oath required as part of a mediation process?
A: You are not asked or required to make an oath or swear on a Bible or sacred text as part of a mediation proceeding. You will be asked to indicate agreement to certain conditions, such as negotiating in good faith and abiding by the ground rules of the negotiation. Participants usually do this by saying, “I agree.”
Q:Â Is an attorney needed for mediation?
A: No, you are not required to have an attorney for mediation. It is important to note that the mediator does not provide legal advice, so you or other parties may choose to consult with an attorney before the mediation to discuss your settlement options, or to have legal representation present during the mediation to help advise on a settlement offer or agreement.
Q:Â Is the mediator a judge?
A: No, the mediator is not a judge and does not render a decision or give an opinion of what is “right” or “fair” in the mediation proceedings. Think of the mediator as a neutral facilitator or diplomat who collaborates with all parties to reach an acceptable agreement.
Q:Â Does a mediator force the parties to reach a settlement agreement?
A: No, the mediator does not force the parties to settle. The mediator’s role is to facilitate an open dialogue where you can collaborate with the other parties to create your own solutions to settle the dispute.
Q:Â What happens if the parties cannot reach a settlement agreement?
A: If you and the other parties cannot reach a resolution, you can continue your efforts to resolve the dispute on your own, continue mediation at a later time, explore another alternative dispute resolution process such as arbitration, or proceed with a traditional court case.
Q:Â What happens if one or multiple parties do not follow through on a settlement agreement?
A: There is a high level of compliance with settlement agreements reached in mediation as the parties have a shared interest in a successful outcome. When one or multiple parties do not follow through on their agreement, the parties may come back to the mediator for help in resolving future conflicts.
Q:Â What happens if an agreement is reached prior to our scheduled mediation session?
A: First, congratulations on putting your personal conflict resolution skills successfully to work! If you cancel 14 or more days before your hearing, you will receive a full refund, less a small administrative fee to cover expenses. Cancellations within 14 days of your mediation hearing are subject to a cancellation fee which may be evenly split between all parties or paid by one party as part of a negotiated settlement.
Q:Â What happens if I need to reschedule?
A: We understand that life happens and will work with you to reschedule your session. A rescheduling fee may apply if you are within 7 days of your scheduled hearing.