What is Mediation?

Mediation is a solution-focused process where a neutral person assists parties in reaching a mutually agreed-upon resolution to a dispute. The process of mediation is confidential, non-binding, and voluntary. The mediator does not take sides or give opinions, although suggestions are offered while assisting parties in navigating the conversation. The role of the mediator is to facilitate a structured and goal-oriented discussion between the parties and to guide the conversation in efforts to identify important issues, uncover options for a resolution, and assist the parties in moving toward settlement of the dispute.

What are the Benefits of Mediation?

Mediation can be helpful for anyone willing to engage in a guided discussion with a like-minded intention of resolving a dispute. The parties are in full control of the outcome throughout the process. Therefore, many regard mediation as a win-win scenario because the parties are empowered to negotiate rather than turn over life-altering decisions to a court. Participating in mediation does not waive any rights to legal action—if an agreement is not reached, parties can still pursue their dispute in court if desired. Mediation is a non-adversarial process and, therefore, can be a valuable option, especially when there is an ongoing relationship, such as co-parents, family members, and business relations.

Do I need an Attorney to participate in Mediation?

You do not need an attorney to participate in mediation. If you have retained legal representation, your attorney is welcome to attend as long as both parties agree to this choice. Mediators cannot provide legal advice and do not practice law. Please consult an attorney if you have any legal questions.

What Happens in a Mediation Session?

In a mediation session, the mediator meets with all parties involved in the dispute, including attorneys, if applicable. The mediator will explain her role and the process of mediation. The mediator will then ask each party to summarize the situation from their perspective. The mediator will then begin the fact-finding portion of the mediation to guide the parties toward a mutually determined resolution.

During the mediation, the mediator may ask to meet with each party separately in a brief private caucus to gather additional pertinent information. In some cases, the mediator will ask the parties to reconvene in one room. In other cases, the parties will remain in separate rooms while the mediator moves between the rooms.

The mediator will continue to direct the discussion until all issues and facts are identified, and then all options are considered and explored. The mediator will then facilitate an evaluation of the options until the parties reach resolution.

Once parties have reached a mutual resolution, the mediator can draft an optional Summary of Mediation. This is most often used when parties are seeking a separation agreement. This summary is simply a listing of agreed-upon understandings. Parties can also write these during the session or independently. This document is not signed and is not binding, yet it can be utilized as a guideline for an attorney to write a legally enforceable document.

What is the Cost of Mediation?

A 15-minute consultation is available at no charge. The fee for mediation is $180. per hour/$90. per client if two parties are involved. If a Summary of Mediation (optional) is drafted, a fee of $180. is due at that time. Unless otherwise stated, mediation fees will be equally divided. There is no retainer required to begin mediation.

How long does mediation take?

Mediations are generally held in 2-hour sessions. The mediator will meet with each party for an initial 1-hour individual session before scheduling subsequent joint sessions. After the first 2-hour joint mediation session, 1.5 to 2-hour sessions are available, based on your situation. The number of sessions required is situationally dependent. Typically, the more complex the issues, the longer it takes to reach a complete resolution. A general average for separating couples with co-parenting concerns and the need for division of assets is 4-6 sessions.