Frequently Asked Questions About Mediation
Mediation is a confidential, efficient, and cost-effective alternative to going to court to resolve family law matters. Below are some frequently asked questions about mediation.
How long does it take?
Most mediation cases will take between one and three sessions. If you are both prepared, the mediation process moves quickly. Most mediations are rapidly finalized in a few weeks. When we meet for our consultation, you will receive an estimate of the fees and how long your case may take based on your specific circumstances.
How do I prepare?
During the initial consultation, we discuss the important documents you may need to prepare for your mediation. Sharing your financial information and documents with each other ahead of time will be helpful so that you each can make informed decisions for your future.
How does mediation differ from court?
Mediation is an out-of-court process, unlike litigation, which may take several years and may lead to financial ruin. Mediation is confidential, affordable, and efficient. Mediation accomplishes this by carefully guiding you through the process step by step, helping participants to focus on important financial needs and the best possible outcome. In contrast, in court, a judge or attorney decides your future, and your finances and well-being often suffer in the process.
Does mediation require a retainer?
NO! Unlike most attorneys who demand upfront retainers of $5,000 to $10,000 or more to open a case, I do not require a retainer for mediation. You simply pay as you go for each session you request. Mediation can be tailored to almost any budget so that participants are not financially strained during the process. You can choose to divide the fees between each other, which is why fees are always much lower for mediation. Most participants are quite surprised by how flexible and inexpensive a mediated process can be.
We are not really getting along, can we still mediate?
YES! Mediation participants can be amicable, but not always. Mediation can assist in situations where communication and decision-making have been difficult. Even if you are struggling to communicate well, it is possible to work together peacefully with the help of a qualified mediator. Even if emotions initially run high, most participants quickly transition into problem-solving mode. Mediators are trained to guide you step by step using a proven mediation method.
Do I need my own attorney or another professional?
While not required, some mediation participants choose to consult professionals such as therapists, accountants, financial planners, tax professionals, or attorneys during the mediation process. These experts can provide additional support and guidance tailored to your individual needs. Your mediator can recommend professionals if you need support.
Do I have to meet in person?
No, mediation can be easily conducted online, allowing participants to engage from the comfort of their homes. This virtual option creates a relaxed environment and is especially convenient if participants are located far apart or prefer not to meet in the same room. Alternatively, if preferred, in-person sessions can be arranged at the mediator’s office. The choice depends on what works best for both parties.
Are there situations where mediation is not suitable?
Mediation may not be appropriate in cases involving abuse or if a participant is impaired by addiction or a mental health condition that affects decision-making capacity. During the initial consultation, the mediator will assess whether mediation is suitable for your case and, if necessary, refer you to other professionals.
More Questions?
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For more information visit: http://www.clementmediation.com
NOT LEGAL ADVICE: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.