What to Expect

Before Mediation

You and the other party (or your lawyers) will provide background information about the matters in dispute.  Once we are retained to mediate the case, we will provide each party with an online document repository that only that party and the mediator can access.  If you like, you may provide the mediator with a memorandum or other document explaining your position and your goals.  Everything you provide to the mediator remains confidential throughout the mediation process unless you instruct us otherwise.  

At mediation

The mediator will talk to the participants (and their lawyers, corporate representatives, and adjusters, if applicable) about the rules of mediation, the initial positions of the parties and any issues which may have arisen since the mediator was assigned to the case.  Next, the mediator will begin working with each “side” or aligned group to narrow the issues in dispute.  As the mediation progresses, the mediator will listen to the parties, craft suggestions, and generally assist in forging a compromise that the parties have control over. Your mediator will not decide for you like a judge; she or he will help the parties decide with each other.  Once the final details have been worked out, the mediator will draft a Mediated Settlement Agreement for the parties to review and sign.  Your mediator will spend as much time with you as you need to resolve your case.  Please note that more than one mediation session may be required if the amount of time reserved is insufficient.

after mediation

In family cases, the mediator will electronically file your Agreement with the Court and notify the appropriate judicial assistant or pro se coordinator of the settlement.  If you are represented by a lawyer, she or he will submit any necessary proposed orders.  If you are not represented, the courthouse personnel will contact you to schedule a final meeting with the judge to approve the settlement.  

In civil cases, you will be given a copy of the Agreement and your attorneys will decide whether and when any such documents need to be filed with the Court. If you are unrepresented, the Agreement will spell out the next steps you and/or the other party have agreed to take.

Limitations

Please understand that even though some mediators may be practicing lawyers, they are unable to give legal advice to parties at a mediation.  Mediators must remain impartial and refrain from taking sides or offering legal or tax advice.  You are encouraged to consult with an attorney if you have questions about the law that may apply to your case, and to consult your tax or financial professional to determine tax or other implications of asset or liability distribution or settlement award.