Bridging Conflict Divorce and Civil MediationFrequently Asked Questions (FAQs)
What is Mediation?
Mediation is a process that brings about a settlement. It is conducted by a trained, experienced and impartial third party who works the parties through the dispute to develop a binding agreement that addresses both parties’ needs.
Why Mediate and not Litigate?
Mediation puts the time and expense for reaching a settlement in control of the two people who are in dispute. Litigation puts the settlement in the hands of the attorneys who control the process. Litigation is an adversarial process.
The final decision on the settlement may be put in the hands of a judge who decides what is best for both parties and their children.
How does mediation differ from arbitration?
In arbitration, the arbitrator hears your case and makes a decision as to the outcome of your situation. It’s fair to say there is a winner and a loser. In mediation, the mediator listens to each party present their case and then facilitates communication between the two parties to help them arrive at their own decision regarding the outcome of their situation.
What is the role of the mediator?
All court-appointed mediators are skilled professionals trained to help the parties identify issues, create an orderly environment for exploring interests, facilitate problem-solving and help the negotiations between the parties stay on track. The mediator will seek to give the parties the means and opportunity to resolve their dispute on their own. The mediator should never provide any legal advice, advocate for one side of the dispute or pressure a party or parties into reaching an agreement.
How can mediation help children of divorcing parents?
Divorce can be difficult for children and teens. Mediation helps to minimize the impact on children by assisting parents to work through the stages of separation. Mediation puts the interests of children first both emotionally and financially. Children can survive divorce when parents use good judgment and make positive changes in their relationship.
Why is mediation becoming increasingly popular both for divorce cases and civil disputes?
Simply put, mediation is quicker, less expensive and less emotionally stressful than litigation. It takes place in a private setting that offers strict confidentiality as opposed to appearing in the public venue of the courtroom. Mediation also puts the power where it belongs: in the hands of the parties in the dispute. In mediation, they work with the mediator to create their own solutions to their problem and arrive at a resolution that they both feel comfortable with. In situations where relationships will be ongoing – parents with children to care for or business associates with future dealings – mediation is a practical and ideal way to work things out and move ahead amicably rather than with animosity. While not every dispute will be settled in mediation, it is apparent that it is a very wise first move toward settling conflicts in a way that can be highly beneficial to both parties.
What types of cases are referred to mediation?
The court currently refers most contract, personal injury and workers' compensation cases to a mediator. All medical malpractice and Business & Technology cases are referred to mediation. Automobile accident and property cases are not referred to mediation unless requested by a party. At least one party on each side to the dispute must be represented by an attorney for the case to be referred to mediation.
Is Mediation more expensive?
Mediation is far less costly as the parties share the cost of mediation together. While each party may wish to consult with an attorney, the actual memorandum is developed with a single mediator. As a mediator, I do not charge fees for emails or phone calls. Each session is pay as you go. There is no retainer required. My hourly fee is $220. Most disputes are completed in two to four sessions. This is significantly less expensive than a litigated dispute in which each party may be paying an attorney $300 to $450 per hour.
What else should I know about mediation?
While some mediations are court-mandated, continuing mediation proceedings is voluntary. If you feel your mediation session is not working for you, you can terminate the process at any time. The power of mediation is that the parties are in the driver’s seat, creating their own solutions to their dispute. It gives them a valuable opportunity to be in charge of their own fate, as opposed to being at the mercy of a binding decision from an arbitrator or the court. This is one important reason why mediation is such a popular and successful form of conflict resolution.
