Mediation Related Questions
What is mediation?Mediation is used in law as a type of alternative dispute resolution; it is a way of settling disputes that have arisen between two or more participants with definite effects. It is typical for a third party, known as the mediator, to help those in dispute to cooperate and reach a settlement. There are many varieties of areas that the disputants may come from, areas like legal, workplace, commercial, community, family matters, or diplomatic. The actual term mediation roughly refers to any occurrence when a third party is able to help those in dispute reach an agreement. Mediation itself has a structure to it that has dynamics and timetables that negotiation that it ordinary lacks. The process of mediation is usually a private and confidential affair that may or may be enforce by the law. In the process of mediation participation in the mediation is typically a voluntary effort by the participants. In mediation, the mediator works as an unbiased third party who rather than directs the mediation process is more of a facilitator. There are many types of techniques that a mediator may apply to help improve or even open discussions between the parties in dispute, with the goal being to help these parties be able to reach an agreement. The mediator must have skills and training, and as the practice of mediation has progressed, so has the training. There are not programs for training mediators, the use of licensing and certifications, all of which have produced mediators that are professionals that are dedicated to the discipline of mediation. There are also several benefits to mediation such as; cost, confidentiality, control, mutuality, compliance, and support.
What does a person need to do when going to a mediation where they don’t feel the collection agency has the right to collect?A person going into a mediation should give the collection agency a written demand that they provide proof that the debt is truly the person in mediations debt and also that they have proof that they as the collection agency have the right to collect the debt. If the agency is unwilling to provide the things and refuse to, then the person in mediation should agree to nothing during the mediation and inform the agency that they are in violation of the Fair Debt Collection Practices Act and that they will be sued for it. Then the person should file a complaint with the Federal Trade Commission. If the agency is able to prove the debt and that they have a right to collect on it, then the person should enter into the mediation and hold to what they know they will be able to pay.
What can a person do if a mediation agency is threatening to go ahead with legal proceedings on an old credit card account in the state of California?For a breach of contract is the statute of limitations is 4 years in the state of California. So if the debt is older than that then they legally cannot collect. However if a person is to make a payment to stop the mediation agency from pursuing any further legal action, then the statute of limitations starts over. So a person should not be forced into this, even with the agency saying they will proceed. In most instances they are trying to get the debtor to make a payment so the statute will start over. If the agency does take it to court the defendant may use the statute of limitations as a defense.
Mediation occurs in many areas from commercial to family matters. Mediators are there to help the two parties come to an arrangement that is acceptable to both parties, an arrangement that both parties might not have came to without the help of a mediator through the mediation.