Mediation

Mediation is mandatory in most contested family law cases in this State. That means that at some point, if your case has not settled, you and the opposing party are going to have to sit down with a mediator in an effort to resolve your dispute.

Why? There are probably two primary reasons for this. One is that our courts simply do not have the time and resources to devote hours or days of docket time to trials. It eats up court time and there is simply not enough of it. Another is that there is a genuine, and likely correct belief, that reaching an agreement outside of court, even when "forced" to do so, is better than having a judge impose a ruling on you and your family. It is almost certainly less expensive.

What is mediation? It is type of settlement negotiation. It takes place outside of a courtroom, probably at a lawyer's office. You and the opposing side are usually in separate rooms, most often accompanied by your lawyers, although that is not required. The mediator is there to find out what issues are in dispute and assist you and the other side in finding some common ground. The mediator will have knowledge of the law and the litigation process and will use that to help guide the negotiations.

Does it work? Yes, mediation has a high success rate. Not every case settles, but many do. And clients report a high level of satisfaction with the process.

Why does it work? Focus and commitment help. Everyone is there with the same goal – to settle the case. They may not have the same idea how to get there, but that is what the mediator is for. Mediation is also a less intimidating environment for clients. You have the freedom to tell your story in a more relaxed environment than a courtroom, without rules of admissibility and objections from the other side's lawyer.

Do I have to be in litigation to go to mediation? No. If you and the opposing side know that you want to resolve your dispute but just need some assistance in doing so, you do not need to file a lawsuit. You can go to mediation at any point.

How much does it cost? You will likely pay one-half the mediator's fee of $200 to $400 per hour (some mediators charge a little less, some a little more). Mediation usually lasts six to eight hours.

Do you mediate cases? Yes, I am a certified mediator and would be happy to schedule your mediation. Just call or email for an appointment, or have your lawyer set it up if you have one. Please note that I cannot act as a mediator for you and the opposing side if I have I represented you in any capacity – even just a consultation. For mediation to work, both parties have to know that the mediator has not taken sides in advance.

How much do you charge? I charge $300.00 per hour to conduct mediations, typically paid one-half by each party to the mediation.

Do I have to pay up front? Yes, you will pay a retainer at or before the start of mediation. Depending on whether a full or half day has been scheduled, your portion of the retainer will be $600.00 or $1,200.00.

How do I schedule a mediation? Just call or email our office and provide contact information for the opposing side. Once it is confirmed that both parties want to attend mediation, we will get to work in finding a convenient date and letting you know what information you will need to provide.