Mediation FAQ
- What is mediation?
- What is a mediator?
- Why should I mediate?
- Why should I not mediate?
- How much does a mediation cost?
Mediation is a negotiation between you and your spouse or partner. To add structure to the negotiation, you and your spouse/partner hire a mediator. If the mediation is successful, an agreement is reached. If the mediation is not successful, then you and your spouse/partner can reach an agreement later or go to trial.
A mediator is someone who helps you and your partner come to an agreement. The mediator should have three qualifications. First, the mediator must be a neutral person. He or she should not be a father's advocate or a mother's advocate or belong to an organization that would tend to exhibit favoritism. Second, the mediator must have extensive knowledge of the relevant law. There is no licensing requirement for being a mediator, but only someone with experience as a family law attorney will have comprehensive knowledge of the subject matter. Third, the mediator must be good communicator He or she should be able to listen to you and repeat back to you your argument. The mediator should also be able to explain the facts and law to you in terms that you understand.
It usually saves money otherwise spent on attorneys. It also allows you to end up with an outcome that you agreed to rather than one imposed upon you. I would estimate that 90% of family law matters are settled before the trial date. Broadly speaking, then, most family law matters have a mediated or negotiated resolution.
Mediation is not for everyone. You should not mediate if you are afraid of or intimidated by your spouse/partner. You should not mediate if you distrust your spouse/partner.
Mediation is generally less expensive than litigation because you and your spouse/partner share in the cost of one mediator rather than two attorneys. I charge $225 an hour for mediation, and the cost is shared between the parties. You and your spouse will realize additional cost savings because a mediator's billable time is used more efficiently than attorney's billable time. When an attorney prepares for court, there is a time consuming process involved with the preparation of the necessary court pleadings, the gamesmanship involved in procedural matters, and the wasteful time spent traveling and waiting to be heard by the court.
- How should I choose a mediator?
- Will I still need an attorney if I choose to mediate?
- Can I tell the mediator confidential things?
- Will I be in the same room as my spouse/partner?
- What is the success rate of mediation?
You should hire an attorney who is well-versed in family law matters. You should also like the mediator because the mediator listens to what you say and is honest in what he/she says back to you.
Not necessarily. Many mediations are successfully completed without the use of an attorney. For your peace of mind, however, it is always a good idea to have an attorney to consult with and review the final orders. Most attorneys will be happy to review your case with you at an hourly rate.
In the context of family law, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state. I believe that a more candid and informed mediation takes place when there is an agreement of confidentiality. Therefore, my standard mediation agreement contains a provision that provides for the confidentiality of the mediation.
Only if both of you want to be in the same room. Otherwise, mediation is set up with each spouse/partner in separate rooms and the mediator shuttles between the rooms.
I do not have hard numbers, but my experience is that mediation has about a 75% success rate.
If you have any further questions, contact Allen Glass.
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Copyright © 2007 Allen A. Glass, P.C. All rights reserved.
Revised: 06/01/07.