What is mediation?

Mediation is a process in which an impartial third party (mediator) assists and facilitates two or more parties to a controversy in reaching a voluntary, mutually acceptable, resolution of the controversy.

What kinds of cases can be mediated?

Mediation is well suited to divorce and family law issues, as well as commercial, employment and real estate controversies.

What is the procedure?

Both parties meet with the mediator for the initial conference, and provide information regarding the case. The mediator often consolidates written information into single documents incorporating both positions, so that areas of disagreement can be clearly identified and mediated. Mediation then continues in an informal and non-confrontational setting. On occasion the mediator will separate the parties to listen to their individual points of view, then resume the joint mediation process. Either party may recess the mediation process at any time, for any reason, such as to gather additional information or to confer with an attorney, accountant, appraiser, actuary or other source,

Mediation is confidential, and nothing that either party tells the mediator can be used in other proceedings without the consent of both parties. Nothing is binding in mediation unless and until both parties are satisfied and in full agreement. The final goal of mediation is a written document that incorporates all aspects of the agreement and is signed by both parties. In the case of divorce mediation, this document is called a “marital settlement agreement”.

Is an attorney needed?

In some cases, the parties choose to have their attorneys present during mediation. In most cases, they proceed without attorneys present, but the mediator encourages both parties to obtain independent legal advice before committing to a final agreement, to assure that they fully understand all of their rights and responsibilities. The mediator does not file the suit for dissolution of marriage, so either or both parties must arrange to have the agreement incorporated into a judgment of dissolution through one or both of their attorneys.

How long does it take?

Mediation usually occurs in several one hour sessions rather than a single meeting. After each session, the parties often wish to gather additional information, confer with attorneys or others, or simply think things over. It is preferable to schedule these sessions within one week of each other in order to maintain momentum and arrive at a prompt result. The goal is to have a result within a matter of weeks rather than months. On rare occasions, the mediator recognizes that no progress is being made, and will advise the parties that mediation should be terminated.

How much does it cost?

The mediator’s hourly rate is $200, which applies to the mediation sessions, preparation of documents and conferences with outside experts or others when requested by the parties. A typical divorce mediation can often be concluded for $1,600 or less.

What is the final product of mediation?

In divorce mediation, the final result is a “marital settlement agreement” that covers all of the issues of the case, including parenting agreements, support issues, property division and debt allocation. The parties still need to employ one of the attorneys to submit the agreement to the court and obtain a stipulated judgment of dissolution of marriage adopting and ratifying their agreement.

In other mediation cases, the result is an enforcable written document covering all of the terms of the agreement.

How do I commence mediation?

If both parties have agreed to mediation, they should contact this office to schedule the initial conference. The initial conference is without charge, in order that the process can be explained and all questions answered in an informal and relaxed environment. If the parties then wish to proceed to mediation, they will be given questionnaires to fill out and return to the mediator before the first mediation session, so the mediator will be informed about the case and the areas and issues requiring mediation. If the parties wish to expedite the process, the questionnaire forms can be mailed out or downloaded and returned in advance, and the first session can be used as the first mediation session rather than an initial conference.