If Mediation services are requested, an initial meeting will be scheduled with both parties present. On occasion, a meeting is coordinated between the Mediator and the parties’ attorneys and the attorneys may be present. Unless coordinated through the parties’ attorneys, no preparation other than an intake form is requested for the first meeting.
The first meeting will begin with an explanation of the Mediation process, the roles of the Mediator and parties (and their attorneys, if applicable), and entering into an Agreement to Mediate. We then proceed in discussing the issues, collecting and/or sharing of information, identification of interests, and development of options for resolution. The parties should allow two hours for each session. The number of sessions will depend on the number of issues and the extent of the differences between the parties.
In Mediation, I work with the parties to facilitate communications and assist the parties in developing options for settlement and working toward a resolution of some or all of the issues between them. The role of the Mediator is to be neutral (not representing either party); the Mediator can provide legal information but cannot provide legal advice; the Mediator does not dictate a settlement; any settlement is an agreement reached between the parties.
The Mediation process emphasizes interest-based negotiations that result in a settlement that maximizes the interests of both parties.
If desired, the Mediation can result in a memorandum or a formal settlement agreement between the parties.
To the extent that legal advice is desired, the parties are encouraged to hire separate legal counsel during the mediation process. The separate counsel may be used to confer with his/her client during or outside of the mediation sessions, to draft or review a written settlement agreement and/or to file any court matter (including incorporation of any settlement agreement reached).
Payment shall be rendered at the time of service based on my hourly rate for the time I spend with the parties in mediation. If services are requested beyond the initial Mediation session, a fee advance is required at the time of entering into an Agreement to Mediate; the amount of the advance depends on the nature of the services and the needs.