What if the other party does not want to mediate or refuses to mediate?
Often times one party is motivated to resolve and the other party is less motivated. It is VERY common for one party to resist or refuse mediation. I request a non-refundable deposit for this reason. I will work hard to convince the other party that mediation is a productive and safe step toward resolution.
Often times the less motivated party either feels disadvantaged or is averse to change. Depending on the situation, I am skilled at helping the other party understand the advantages of mediation over other courses of action. Additionally, I strongly believe in alternative dispute resolution over the legal system for resolving disputes.
Once you open a case, you can sit back and let me do the work. I will make many attempts to reach the other party in support of moving your case toward mediation. It often helps if you let me control this part of the process. If the other party is unresponsive or does not agree to mediate, the case will still come to resolution. Either the second party will agree to mediate within an agreed upon timeline or the case will be closed.
If the second party does not respond, your deposit will be held for one year. Your case can be reopened if you have reason to believe the other party is willing to mediate with Hart to Heart Mediation.
If the second party does not agree to mediate, your case will be closed and I will issue a document that states data regarding the case. This data includes the date the case was opened, who opened the case, who the second party was, the reason the case did not mediate, and the date the case was closed. This serves as proof of attempting to mediate. Your deposit will still be held for one year in the event that the second party agrees to mediate.