Frequently Asked Questions About Mediation

By DClement | January 9, 2024

How long does it take?

Most mediation cases will take between one and three sessions. We meet together for 2-hour sessions or a time frame that works for you. We schedule sessions a week or so apart so that you have time to gather the information you need between appointments. 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 the information you provide to the mediator.

What are the topics?

During the mediation session, we discuss all the topics that are important to you both. After the initial consultation, your mediator provides a list of important items and worksheets 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 can make informed decisions for your future.

How does mediation differ from court?

In the mediation process, you never have to go to court. If either of you choose to litigate and take your case to court, it may take several years and is significantly more expensive. Mediation is confidential, affordable, and efficient. Your mediator 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 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 inexpensive a mediated process can be. Your mediator will always give you the fees upfront, with no surprises.

We are not really getting along, can we still mediate?

YES! Many mediation participants are amicable, but not always. Participants can be nervous about mediating difficult conversations. Even if you are struggling to communicate well, it is possible to work together peacefully with the help of a qualified mediator. Although initially, emotions can run high, most participants quickly calm down and work effectively to solve problems. Mediators are trained to guide you step by step using a mediation process that avoids attacks on each other and promotes problem-solving using a proven method.

Do I need my own attorney or another professional?

You may wish to obtain advice from your own professionals, such as therapists, accountants, financial planners, lawyers, real estate agents, and others during the mediation process. In most private matters, it is not always wise to rely solely on advice from your family and friends, even if it is well-intentioned. Trained therapists, counselors, or coaches can help with the emotional issues that may come up during the mediation process. If you find that you need extra support, your mediator will provide a list of recommended professionals that can help.

Do I have to meet in person?

Mediation participants often report that mediating online feels safe and relaxing to them. Mediating from the comfort of your home allows you to set up your environment in a way that is most comfortable for you. If you need extra support, your pets are always invited to join the session. On the other hand, if you live far apart or prefer to meet in person, we will schedule a meeting together in my office. Either way, you get to decide the best option for both of you.

What situations are not good for mediation?

Not all cases are good for mediation, specifically cases involving physical or other abuse, or if a participant is impaired by addiction or a mental health disability that prevents that person from making decisions for themselves. Your mediator will screen for these issues during the consultation to determine whether your case is a good case for mediation. If there are concerns, your mediator will refer you to a competent professional.