ACCORD
 A Center for Dispute Resolution, Inc.
Out of Conflict Grows Resolution

Mediation

Elder Mediation

Divorce Mediation

Family Mediation

Community Mediation

Small Claims

Volunteer Program

FREQUENTLY ASKED QUESTIONS ABOUT MEDIATION

Is there a charge for ACCORD services?
Mediation services provided by ACCORD are usually free. ACCORD is exploring the development of a Divorce Mediation Program that will be provided on a fee for service basis. ACCORD does accept tax-deductible donations.

Are mediations confidential?
The information discussed in a mediation is confidential and cannot be revealed by volunteer mediators or staff. All parties involved are also encouraged to keep the information confidential as well. The exceptions to this are allegations of child abuse or if there is eminent threat of harm to an individual.

Can my attorney attend the mediation?
Attorneys are welcome to attend a mediation session with the approval of both parties. The mediation discussion still takes place between the parties. The parties may agree that the attorneys may take part in the discussion by providing clarification on points; or the attorney's role may be limited to conferences or caucuses (individual discussions with a party). As an alternative, parties may take draft agreements to their attorney after the mediation for review before signature.

Can I bring others to the mediation?
Other individuals are welcome to attend a mediation session with the approval of both parties. The mediation discussion still takes place between the parties. The parties may agree that the other individuals may take part in the discussion by providing clarification on points; or the other individual's role may be limited to conferences or caucuses (individual discussions with a party).

It should be noted that other individual's attendance is not to be a witness to prove something to the mediator; the mediator is not a judge. The other individual's attendance may be useful in providing information to the other mediation party to assist their decision-making. Other individuals may also attend the mediation with the approval of both parties as a support or resource person.

When are mediations scheduled?
Mediations are scheduled as much as possible at the parties' convenience, subject to the availability of mediators. ACCORD provides mediation services utilizing community volunteers; this requires us to accommodate their schedules as well. Routinely mediations can be scheduled in about 10 business days. However, delays in contacting ACCORD, difficulty in contacting parties, or problems in scheduling, may cause this process to take longer.

Every attempt will be made to assist parties that have a pressing deadline or scheduled court hearing but if ACCORD is unable to schedule a mediation in time, it is the parties' responsibility to attend the hearing or comply with the deadline. At that time, the party may request an adjournment for an opportunity to mediate. Any decision to adjourn will be the judge's decision. While ACCORD tries to be responsive to the needs of our clients, the agency is not an emergency service.

How long is a mediation?
A mediation session may last from a few minutes up to two hours depending on the parties' willingness to discuss issues and their ability to reach an agreement. If an agreement is not reached in about two hours, and the parties wish, additional sessions can be scheduled.

I do not want to mediate; will the court hold it against me?
There are a variety of reasons mediations do not take place. These include, but are not limited to, a lack of willingness on the part of one party or the other to mediate, a non appropriate mediation topic such as child abuse, an inability to schedule the matter to meet the party's needs or deadlines, or the presence of domestic violence. In any of these cases, ACCORD notifies the court either that no mediation occurred or that the matter did not meet ACCORD's criteria for mediation. ACCORD never identifies to the court which, if either party chose not to mediate.

If a mediation occurs and an agreement is not reached the court is only advised of that fact, not what happened in the mediation session.

What happens if the other party declines mediation or the ACCORD Case Manager determines the mediation does not meet ACCORD's criteria for mediation?
You will be notified that the mediation will not be scheduled. The reason for not scheduling the mediation will not be provided. Usually you will be told that the matter does not meet ACCORD's criteria for mediation.

If I mediate and reach an agreement, do I still have to go to court?
You are still responsible for your court appearance. You may contact the court and advise the court of your agreement. The court may waive your appearance or may wish to have you appear. The court may choose to incorporate the agreement you reached into an order or may not. The court has access to information unavailable to ACCORD or our mediators. This information may make an agreement reached through mediation inappropriate. Over 90% of the agreements submitted to the court by ACCORD are made into orders.

One of the parties does not reside in Broome or Tioga Counties, can ACCORD still help with a mediation?
ACCORD can often provide mediation services even if one party resides outside Broome or Tioga Counties, or even if one party resides outside New York State. If you desire this service, please call ACCORD and discuss your situation with a Case Manger. The Case Manager will determine if ACCORD can provide mediation services in your situation.

Neither party lives in Broome or Tioga County Can ACCORD still provide services?
If neither party lives in Broome or Tioga County, ACCORD can still sometimes provide services. Your case manager will attempt to refer you to a Dispute Resolution Center in your county, but should that center not offer the services you require or if you would rather mediate in Binghamton or Owego, the Case Manager may be able to schedule a mediation. If you desire this service, please call ACCORD and discuss your situation with a Case Manger. The Case Manager will determine if ACCORD can provide mediation services in your situation.