Frequently Asked Questions

What happens during Mediation?
Our Divorce is easy, so why not do it ourselves?
What is Mediation?
Why Mediation?
What is the Role of the Mediator?
Is Mediation Voluntary?
Why is Mediation Confidential?
What if I have an Attorney?
How is Mediation different from arbitration?
Is my Agreement legally binding?
What if we can’t reach an agreement in Mediation?
What does mediation require?

What happens during Mediation?

First, the disputants (and their lawyers, if they are represented by counsel) meet with the Mediator for an opening session. The Mediator introduces herself/himself, then the disputants each tell their side of the dispute and the Mediator asks questions to fully understand the dispute. The joint meeting may break into two separate meetings, known as caucuses.

The Mediator then talks to each side, in the caucus, in an attempt to learn what is motivating the dispute, what the underlying issues are and where there are areas for compromise. The Mediator may ask more direct questions than in the joint session, since what goes on in the caucus is confidential and not conveyed to the other side.

The Mediator may offer different ideas to see what the response might be. Ordinarily, the Mediator moves between the disputants, in the caucus, facilitating the invention of new possibilities, trying out ideas and narrowing the differences. A successful mediation ends in a written agreement that resolves all aspects of the dispute. The mediation process is often used between disputing parties in a divorce, workplace or businesses.

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Our Divorce is easy, so why not do it ourselves?

First of all, divorce is never easy. The idea that all that is required is to fill out forms and both of you sign an agreement is a very BIG mistake. You are not simply filling out forms; you are creating a marital settlement agreement. The value of that agreement is based upon the depth and detail contained within it. Furthermore the Courts have very concise rules and requirements for these agreements. A Judge will not extend any special consideration when reviewing these agreements if you had legal counsel or if you chose to do it yourself. The costs paid to the Court for filing these documents are the same if you choose to do it yourself or seek professional guidance.

Doing your own divorce means you take total responsibility for your decisions and your life. There are many realities that go along with a divorce, pain, fear, anger, hurt, guilt, tension, nervousness, illness and/or depression. There are also many practical realities such as how to survive financially, how to rearrange the parenting of children and what to say to family and friends. These are just a few challenges you may be facing. Going through a divorce is literally recreating your life. These crucial decisions will affect you, your spouse and your children for many years to come.

The Court does not have time to consider personal issues and emotions. In mediation all issues and emotions can be considered. Both parties have the assurance that their final paperwork is presented to the Court accurately and in a timely manner.

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What is Mediation?

Mediation is the cost-effective alternative to litigation. Mediation is the process where a neutral third party facilitates the resolution of a conflict by exploring a variety of solutions in a comfortable and confidential setting. This provides the mediation participants with the opportunity to openly discuss and design their own resolution of the dispute. Mediation is effective and has over a 90% success rate.

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Why Mediation?

Mediation is the only process with the underlying assumption that people are knowledgeable and capable of making their own choices. Mediation allows the parties to control of the final outcome and saves time, money, and stress.

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What is the Role of the Mediator?

Mediators are neutral to the conflict, and they utilize proven problem solving and communication techniques to facilitate a win-win solution for everyone.

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Is Mediation Voluntary?

Mediation is voluntary. All parties must come to the table in good faith actually seeking resolution.

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Why is Mediation Confidential?

Mediation is confidential to protect the clients. Confidentiality allows participants to speak openly and with candor, without fear that what they say will later be used against them.

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What if I have an Attorney?

Attorneys are welcome. Mediations are conducted with and without Attorneys.

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How is Mediation different from arbitration?

Mediation allows disputing parties the unique opportunity to maintain control over the outcome. Arbitration is a less formal version of litigation where you present your case and the arbitrator makes the final decision.

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Is my Agreement legally binding?

Yes. Once the parties have agreed on a resolution to their dispute, the resulting agreement is put in writing and signed by all parties. Upon execution, it becomes a binding, legally enforceable contract. If litigation is pending, it can become an Order of the Court.

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What if we can’t reach an agreement in Mediation?

If the parties are unable or unwilling to reach a mutually satisfactory resolution to their dispute through the mediation process, you still have the right to go to Court.

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What does mediation require?

In order for mediation to work, it is essential that certain conditions are met. These include, but are not necessarily limited to:

• All parties must agree to mediate
• All decision makers must be present
• All parties must commit to acting in good faith

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