What Is Mediation?
What is mediation? Mediation is a process in which two or more parties negotiate a voluntary agreement with the help of a mediator. The mediator facilitates communication between the parties. Statements made during mediation are protected under Ohio’s Uniform Mediation Act (UMA) as set forth in Ohio Revised Code 2710.01–2710.10 (R.C. 2710.01-2710.10). This privilege gives one the ability to stop other people from revealing what was said at a mediation. Does this mean everything said in a mediation is protected by privilege? No. The following topics are not protected by privilege under the UMA: discussions disclosing abuse or neglect of children and abuse or neglect of the elderly; plans to commit crimes; threats of violence; whether a mediation occurred; and signed settlement agreements. Mediators are neutral third parties who assist the parties with issue identification and problem solving. The mediator will usually meet with each side separately, but some mediation sessions are held with all the parties present face-to-face. Mediation is a useful tool used in several areas of the law, including civil cases, child custody cases, divorces, foreclosures, and abuse, neglect and dependency cases. If the parties do not reach an agreement, the mediator may schedule a follow-up session or may report to the court that an agreement was not reached.
In 2007, the Ohio Supreme Court urged the courts to use mediation in foreclosure cases. In these cases, mediation brings together bank representatives, their attorneys and the homeowners. This starts with the homeowner’s request for mortgage modification. A foreclosure defense attorney can assist homeowners in this process by ensuring that the necessary pleadings are filed, the proper defenses are raised, and the homeowner’s application for mortgage modification is complete and accurate. The mortgage modification attorney helps the homeowner get in touch with the correct resources for completing this process. This is important as there are numerous scam artists claiming to provide help, but do little more than make money for themselves. Being directed to the reputable counseling agencies is an important part of the process.
To read more about mediation, read my articles about the following: foreclosure mediation, and the foreclosure process.
Attorney Gigiano is a Wadsworth foreclosure defense attorney in Medina County, who has represented individuals involved in mediation in cases involving foreclosure, family law, civil, and abuse, neglect and dependency cases. To learn more about the work Attorney Gigiano has done for his clients, take a look at the Daniel Gigiano Reviews, reviews found in a number of websites, and articles and links to his work. If you have questions about this that you need answered by a Wooster foreclosure defense lawyer near Orrville or an Akron foreclosure defense attorney near Barberton, please contact Attorney Gigiano at 330-336-3330.
