What are the benefits of Mediation?
What kind of disputes can be mediated?
Is the Mediation Session confidential?
What if I want to bring witnesses?
What if I want to bring an attorney?
What happens during a Mediation Session?
Are there different kinds of mediation?
What if I don't speak English?
What if I have a complaint against someone?
Is there only one mediation session?
How long is a mediation session?
What if the other person doesn't show up?
Mediation is a free, confidential, voluntary, and non-adversarial process in which a neutral third party (mediator) listens impartially to both sides and helps parties in dispute work towards a win-win solution to some or all of their issues. top
What are the benefits of Mediation?
It's just common sense. People are far more likely to agree to something (and follow it) that they come up with themselves. By creating a non-adversarial confidential environment, mediation allows people to talk about their disputes, and if they are ready, to come up with an agreement that resolves the conflict. By emphasizing listening, by allowing for different points of view and by promoting the exchange of ideas (and awareness of the other party's feelings) people can begin to work towards change. For many, many people mediation is extraordinarily beneficial. Beyond allowing the parties to create their own solution, mediation is far less expensive. When you go to court you not only face the cost of representation but the risk that decisions will be made for you. For thousands of people mediation is a win/win situation: it's inexpensive, it's voluntary, it's confidential, the agreements are more likely to last since you and the other party came up with them and you've been empowered to change the situation rather than having the outcome decided by someone else. The vast majority of people who come to IMCR prefer the mediation approach to the court case alternative. top
Mediators are community residents trained in an intensive mediation course designed and conducted by IMCR. They provide voluntary services as neutral third parties. Mediators empower the parties to make use of their self-determination in the settlement of interpersonal disputes. top
IMCR is located at 384 East 149th Street in Suite 330 (Map) in the heart of the commercial HUB in South Bronx. The Center is accessible by a number of buses and subway lines 2 and 5. Call us at (718) 585-1190 if you need assistance. top
What kind of disputes can be mediated?
It is easier to say what kind of disputes are non-amenable pursuant to New York State guidelines. We don't mediate criminal felony complaints and child abuse matters. Other than that we have mediated an extraordinarily wide range of conflicts, including but not limited to:
Landlord/tenant
Customer/Merchant
Tenant/Tenant
Child Custody and Visitation
PINS
Inter family disputes
Divorce Mediation
In addition IMCR facilitates the resolution of minor criminal allegation and civil disputes which are referred to the Center by the Court Dispute Referral Center, the Police, the District Attorney's Office and many other local agencies. Those disputes might entail allegations of Aggravated Assault, Aggravated Harassment, Animal complaint, Assault, Breach of Contract, Criminal Mischief, Criminal Trespass, Fraud/Bad Check, Harassment, Housing Dispute, Menacing, Noise, Petit Larceny, Theft of Services, etc.
And IMCR also facilitates Special Education Mediation, Custody and Visitation, Lemon Law Arbitration and Early Intervention Mediation. top
Is the Mediation Session confidential?
Yes. The mediation session is confidential pursuant to Article 21A of the Judiciary Law.
"Any communication relating to the subject matter of the resolution made during the resolution process by any participant, mediator or any other person present at the dispute resolution shall be a confidential communication."
The only information that is kept on record is the parties personal data and the written agreement, if any, reached by the parties. top
What if I want to bring witnesses?
You are welcome to bring witnesses but they may not be needed. And they certainly aren't required. Written statements can be introduced by the parties. top
What if I want to bring an attorney?
Parties do not need to appear with attorneys, but they may do so at their own expense. Attorneys are allowed to advise their clients, but do not speak in or on behalf of their clients, who are required to speak for themselves during a mediation session. top
Services are available to everyone without restrictions as to age, race, sex, income or citizenship. Parties must be willing to discuss their issues and decide for themselves what steps to take toward their future relationship with each other. Minors involved in a dispute must be accompanied by their parents or guardians. top
What happens during a Mediation Session?
The mediation session is conducted by a third party neutral who creates and maintains a non-adversarial environment. Parties involved in a dispute are given ample time to present their issues during a session, after the mediator explains the process and the parties agree to ground rules for the discussion. The mediator works with the parties and assists them in arriving at a mutually satisfactory outcome. Agreements reached by the parties are reduced to writing, if requested. The session is strictly private and confidential. top
Are there different kinds of mediation?
Yes there are a wide range of approaches to mediation. The continuum can run from problem solving mediation to interest based facilitation, to transformative mediation, which seeks to promote empowerment and recognition between and among the parties. What distinguishes mediation from arbitration is that in mediation it is the parties who decide an outcome. At IMCR, we believe that people have what it takes to make a difference in their lives and the community in which they live. Consequently, its approach is shaped by the goals of the parties to a dispute. top
What if I don't speak English?
IMCR prides itself on being bilingual and there are always mediators available who speak English or Spanish, but if you have a language need other than that just call the center at 718/ 585-1190 and ask for them to arrange for a translator to be present during your session. Certified translators for a wide variety of languages are provided by the Courts, free of charge. top
What if I have a complaint against someone?
The best step is to call IMCR at 718/585-1190 and talk to a staff member, who can help you with what steps are needed to arrange for a mediation session. top
Is there only one mediation session?
The vast majority of disputes are resolved in one session. However, some situations warrant two to three sessions. Follow-up sessions are available when requested by the parties. Re-mediation sessions are available to prevent non-compliance of agreements. top
How long is a mediation session?
On the average, a mediation session is 85 minutes long. The length of time is impossible to predict in advance. Parties to a dispute have as much time as they need to address their concerns during a session. top
What if the other person doesn't show up?
IMCR requires that you wait one hour as a grace period to give the other party a chance to make their appointment. After that the session can be re-scheduled. If the complainant does not show up, the matter is closed. When the respondent does not show up, the matter can be rescheduled if requested by the complainant. top