Mediation

What is mediation?

Mediation is a private process where the parties to a lawsuit sit down with a neutral, third party mediator to discuss the issues in the case and try to reach an agreement outside of court.

Why should I go to mediation?

Mediation reduces both tension and cost. Reducing tension is beneficial in any case involving a family or children. Plus, mediation is typically less expensive than traditional methods.

In addition, you have more control over the outcome of your case, and you can be more creative in deciding what works best for your family, rather than the one-size-fits-all outcomes you might get in court.

Is mediation court-ordered?

Sometimes. But mediation is always a voluntary process. You are not required to reach an agreement. If you are unable to resolve the dispute at mediation, then you can always ask the judge to decide the case.

Does the mediator decide what should happen?

No. The mediator does not have the power to make decisions. You and the other party are the only ones who can resolve your dispute by reaching a agreement. The mediator facilitates a discussion between the parties to help you resolve the issues, and then drafts a written agreement for both parties to sign.

Do I have to be in the same room with the other party?

Not always. Every case is different. The mediator will use her discretion to decide whether having the parties together in the same room, or separated into different rooms, would be more productive to reaching an agreement. If you have concerns about being in the same room with the other party, then you or your attorney should let the mediator know about your concerns before mediation.

Can you mediate by video or Zoom?

Yes. Mediation via Zoom is a safe and convenient way to resolve your case. Prior to mediation, you will receive a calendar invite with the link to join the Zoom meeting. You will also receive a brief intake form to fill out and the Agreement to Mediate to sign electronically. At the end of mediation, if an agreement is reached, then you can also sign the agreement electronically. Take a look at my blog post about tips & tricks for Zoom mediations for more information.

What kind of cases can be mediated?

Leslie is certified to mediate domestic relations and probate cases. This includes divorce, custody, guardianship, visitation, child support, and any other family law matters, as well as probate disputes.

How much does mediation cost?

Mediation typically costs $150 per hour per party, plus a $50 administrative set up fee. An initial deposit is required to secure your mediation date. The balance must be paid on the day of mediation.

There is grant funding available for cases that deal only with custody, visitation and support of minor children. You can find more details at http://www.araccess.org/. Grant funding must be approved at least two weeks before mediation.

What is important to know about mediation?

It is important to know that the process is confidential, meaning that whatever you say at mediation is not admissible in court. The purpose of this is to allow you to talk freely about your concerns at mediation. There are some limited exceptions to confidentiality that Leslie will explain at the beginning of mediation.

Do I have to have a lawyer?

The mediator is prohibited from giving either party legal advice. Therefore, you are advised to consult with a lawyer before going to mediation, and if possible, to have a lawyer attend mediation with you.

Additionally, any agreement that is reached will have to be submitted to the court for approval, and you will likely need an attorney to do that. Leslie strongly advises that you consult with an attorney before mediation, and to have an attorney present at mediation if possible.

What should I bring to mediation?

You should bring copies of any court paperwork. In family law cases, you should also bring financial documentation, such as your taxes, paystubs, and Affidavit of Financial Means. It’s also a good idea to have a list of goals and issues to address.

Any other questions?

Give us a call or request a consultation. We look forward to working with you!