
Frequently Asked Questions
What is the Typical Time Length of Mediation?
The length of the mediation and the possibility of additional sessions will vary according to the case and number of issues involved.
Plan to spend a minimum of two hours at your initial session.
What Exactly is Mediation?
Mediation is a process where the Mediator, a neutral third party, facilitates settlement discussions between parties in conflict. The Mediator has no authority to make a decision or impose a settlement upon the parties. The duty of the Mediator is to facilitate communication and seek solutions so the parties may reach their own agreement.
Any settlement is entirely voluntary.
All participants can walk away at any time without settlement. In the absence of settlement, the parties retain the right to take their case before the court. However, even partial agreements can help the parties narrow the issues involved and limit the time and expense of going to court. The issues that cannot be resolved in Mediation will be returned to the court and the assigned judge. Mediation is an alternative to court, in which YOU have control over the final outcome.
However, if you reach an agreement in Mediation, and the agreement is signed by all Attorneys and Parties, the agreement (once it is approved by the Court) becomes an enforceable contract.
What are the Purposes of Mediation?
Promotes communication and cooperation.
Benefits children by reducing conflict.
Private and confidential, thus avoiding public disclosure of personal problems and the stress and strain of a traditional courtroom battle.
May be completed in less time than litigation, saving you costly litigation expenses.
What Does Attendance Look Like?
Mediation is not a substitute for legal advice and the Mediator does not give legal or financial advice. The mediator focuses on helping participants reach their own agreements and does not represent either party. Lawyers advise their clients on the law and complete the legal process. If you are represented by counsel, generally counsel is required to be present for the mediation.
The mediation process will involve only the parties to the case and their attorneys. The presence of others may create animosity and ill feelings even before the mediation begins. Children are not allowed in the mediation session and child care is not provided.
Necessary Preparations?
You can prepare for mediation by determining your specific interests that need to be addressed in order to develop a settlement plan. Outline the issues you would like to convey to the opposing party and the Mediator. Bring any documents you find relevant to your position.
In domestic cases, a copy of your financial affidavit must be filed with the court and brought to the mediation session. You may also need to bring business records, tax returns, documents relating to property values, and account balances. What you need to bring will depend on the issues involved in the dispute. Remember, a financial affidavit is always required. The better prepared you are for the mediation session, the more likely the chance of success.