Our mediators’ goal is to establish a climate for productive negotiation. We approach the mediation with the assumption that the parties have come with a desire to reach an agreement if their interests can be met, and we do what we can to achieve that goal. After the opening session, the parties retreat to separate conference rooms (caucuses) and generally the mediator moves between rooms with information, proposals, and counterproposals. When the mediator determines that certain information is needed for the parties and their attorneys to be comfortable making the decisions they must make as negotiators, the mediator will work to see that the information is made available. Throughout the process the mediator helps the parties evaluate the case, identify the fundamental interests that they hope to meet, consider what will happen if the dispute is not settled, develop ideas or options to deal with various issues in the dispute, and formulate proposals that move the process toward agreement. When an agreement is reached the mediator typically brings the parties and their attorneys together to confirm the terms of the agreement. Sometimes, but not always, the agreement is reduced to a written “memorandum of settlement” that is signed by the parties and the attorneys at the close of mediation.

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How does mediation work in divorce cases?

We strongly encourage all parties to have lawyers that they can consult with throughout the process for advice. Most of the mediation work in divorce and post-decree cases is done with the parties together however, usually in separate conference rooms.  The mediator meets with the parties and communicates their needs and wants to the other party while at the same time, explaining the pros and cons of their requests and educating them on the best solution.

Each family is different but usually a completed mediation with agreement takes a full day however, if the matter is complicated and or the parties cannot reach an agreement it may take two to three days.  Sometimes no agreement is reached and the parties must go to trial in front of the Judge to make the final order. 

In order for the mediation to go quickly and amicably it is best that the parties consult with their attorneys to discuss their ultimate goals and alternatives.

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How long does mediation take in civil cases?

In civil mediations, we usually schedule a full day for all disputes other than small dollar personal injury cases. Not all cases take a full day, but we like to allow adequate time in case it is needed. Some cases will require more than one day if the issues are especially complex or if necessary information is identified and has to be developed before discussions can continue productively. Sometimes the attorneys and the mediator will schedule two or even three days back-to-back because they know that the mediation cannot be completed in a single day. In other cases the parties agree to schedule additional days as the mediation unfolds.

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Who pays for mediation?

Typically the parties share the fees for mediation on an equal basis, though sometimes the parties agree that one party will pay all or most of the fee. We prefer that all parties pay some portion of the fee because we want all parties to have some “ownership” of the mediation  and the process.

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