When seeking out mediation, one or both parties will need to contact the mediator to determine if mediation is an appropriate avenue to resolve identified issues. If both parties agree that mediation is appropriate and if the mediator agrees that it is appropriate, individual one-hour appointments will be set with each party to discuss their individualized interests and positions on the identified issues. Typically for parenting agreements to be reached, an average of 3-6 two hour sessions are needed to reach an agreement, but this is heavily dependent upon how adversarial the parties are. There are often instances where an agreement to parent can be met within the first two-hour session. For full divorce mediation, an average of 4-8 sessions two-hour sessions are necessary to reach an agreement about any children involved, as well as the equitable division of assets and liabilities (property, monies, debt, etc…).
How to go about Mediation?
Mediation is an efficient, cost effective means to resolve disputes amicably. The method in which conflicts are processed and resolved will have a large influence on an individual’s and family’s adjustment to separation and/or divorce. Mediators do not make decisions for you, in mediation, YOU are in charge of making your own decisions. This promotes the most positive outcome for all involved. A mediator can be selected by the parties involved or appointed by the court. A mediator is a neutral third party who assists couples or families in resolving their disputes. Their role is to help individuals clearly define issues, keep lines of communication open and promote discussion and resolution. Mediation aims to facilitate communication and develop mutually acceptable and agreed upon decisions. Mediation can save money and time as opposed to full litigation.
What is Mediation?
-
What is mediation?Mediation is an efficient and inexpensive process designed to help individuals resolve conflict during and after a separation or divorce. The method in which conflicts are processed and resolved will have a large influence on a family’s adjustment to separation and divorce. Mediators are neutral professionals. Their role is to help individuals clearly define issues, keep lines of communication open and promote discussion and resolution. Mediators do not make decisions for you, YOU are in charge of making your own decisions about what happens to you, your children and your finances. It IS possible to come to resolution of conflict in the face of anger, resentment and fear. Some of the issues that mediation addresses are: plans for parenting children, division of property and future financial provisions. Mediation can be done both pre and post decree.
-
How much does mediation cost?Mediation costs are dependent upon the number of sessions required to reach an agreement and will be based on an hourly fee paid to the mediator at the time of service. The hourly fee also applies to any time spent reviewing documents, consultations with your attorneys or other advisors, as well as writing the Memorandum of Understanding. The cost will be split equally between both parties (with the exception of consultation with attorneys or advisors).
-
Is a mediated agreement binding?The agreements reached in mediation are only legally binding if the final agreements are filed with the court. You should speak with your lawyer about how this works and what your options are.
-
Is mediation confidential?Mediation is a private process, not open to the public. You will be asked to sign a confidentiality agreement before beginning mediation. The mediator is bound by law to keep confidential what is discussed in mediation, although the outcome of mediation is typically communicated with attorneys.
-
Will I need an attorney in order to use mediation?While an attorney is not absolutely necessary in mediation, it is always recommended that each party be represented by his and her own attorney. Your attorney will provide you with guidance and legal counsel and can draft documents for filing with the court as well as file the final Memorandum of Understanding. The mediator is not able to provide any legal advice but can give legal information during the mediation as a part of the informed decision making process.
-
Can I see you for both mediation and counseling?Because a mediator serves as a neutral third party, I cannot see mediation clients for counseling, but I am glad to connect them with other reputable counselors in the area.
-
How long will mediation take?Because each separation and divorce is different, it is hard to predict exactly how long your mediation will last. For mediation around parenting time, usually it takes 3-6 sessions depending on how adversarial the parties are. When looking at full divorce mediation, it averages out to 4-8 sessions. The mediator will take time to prepare a Memorandum of Understanding, outlining all of the agreements that you have reached through the mediation process. Mediation is voluntary and any party, including the mediator, may end it at any time, unless the mediation is court ordered.
-
How long are the sessions?Generally, the first two sessions are 1 hour long with the individual parties, followed by subsequent mediation sessions lasting around 2 hours. Some couples prefer to have longer sessions or to forgo the individual sessions and those preferences can be accommodated as well. Because every situation differs, this is an important question to ask during your initial phone call.
-
Who is present at the mediation session?The two individuals needing an issue mediated are present at the mediation sessions following the initial individual sessions if you agree to participate in them.
-
When is mediation not appropriate?Mediation works best when both participants are able to fully express their needs and interests and are capable of following through on agreements. If there are any concerns regarding domestic violence, child abuse, mental illness or substance abuse, mediation is not the best choice for conflict resolution.
-
How do I schedule an appointment?Please contact me at 217-552-4040 or send an email to Candyce@crbookermc.com. We can usually accommodate new clients within one week.