What to expect from Mediation?

Many clients call not knowing whether they want legal representation or mediation. These are two separate and distinct services. However, they are not mutually exclusive. Clients in mediation are encouraged to have separate legal counsel to confer with as needed and obtain legal advice throughout the process. Clients benefit from having legal representation while maximizing control over what work, and how much, the attorneys are doing.

At the outset, the mediator requests information to determine whether the mediator can be of assistance to the clients. Domestic violence, uncontrolled rage, chronic substance abuse and mental health disorders are factors that indicate whether mediation is appropriate.

After brief phone intake, an initial joint meeting with the clients is scheduled (I generally block out two hours to include intake paperwork). At the beginning of the first meeting, prior to discussing the details of their own situation, the clients review the Agreement to Mediate with the mediator and the ground rules for engagement and what to expect from the process. When ready to proceed further, the Agreement to Mediate is signed.

The clients then move through the stages of the process as follows:

Clients each provide a brief summary of the background leading to mediation;

Clients express goals for the process - why using mediation and what hope to accomplish in the big picture (are clients needing a parenting plan, wanting to work through issues with goal of staying married, working on separation, or divorce?) ;

Identify issues and matters to be addressed;

Collect information (facts, interests of the parties - what is important to each, advice from other professionals - attorneys, financial or child specialists);

Brainstorm options for outcome (the range of resolutions can be much broader than those available to a judge if the court is asked to decide the issues);

Narrow options to be most consistent with the clients' interest;

Negotiate;

Outline/Summarize agreements reached; and

Reduce to writing if desired

When possible, the parties are encouraged to meet together with the mediator. Separate communications can increase fear and tension and lead to miscommunication.

Mediation differs from Arbitration and Litigation. In mediation there is no third party decision maker. It is designed to offer the clients a "safe place" to discuss their issues while allowing the clients to maintain control over the outcome and the time spent working on the issues.

There is no commitment to a certain number of sessions. The clients determine the pace of the process.

In mediation, disclosure of relevant and requested information is part of the process. Disclosure is not avoided however there is a focus on meaningful and efficient disclosure

The emphasis is not on "cheap and quick" but a quality resolution that will serve the clients over time. (Mediation is usually much quicker and less costly than litigation - using the courts to decide the issues.)