Call today to schedule your appointment:

443-450-3224

Call today to schedule your appointment

443-450-3224

or submit the form below

  1. Name*
    Please type your full name.
  2. E-mail*
    Invalid email address.
  3. Telephone
    Invalid Input
  4. Message*
    Invalid Input

showcase2-commonconcerns

Common Mediation Questions and Concerns

WHAT IF MY SPOUSE WILL TRY TO CONTROL THE MEDIATOR?

It is the mediator’s responsibility to ensure that this does not happen and that there is a “balance of power” between both of you and you feel heard. If an issue becomes too contentious and one party is not being heard, the mediator will meet in different rooms with the parties regarding that issue until resolution can be achieved. A mediator will not allow either party to be bullied or harassed during mediation sessions or threatened into an agreement.

WHAT IF I DON'T WANT A DIVORCE?

If you or your spouse do not want the divorce and believe the marriage can be saved, then you should not elect mediation. Mediation can only succeed if both parties identify or accept that the marriage is over.

WHAT IF I DON'T TRUST MY SPOUSE?

The mediator will require full disclosure of information necessary to resolve your issues. If the mediator determines that a party is not being forthcoming, the mediator will let the parties know and a decision can be made as to how to proceed. Generally, because the parties have voluntarily engaged in mediation and feel they are in control, trust is not a major concern.

HOW DOES THE MEDIATOR APPROACH ISSUES OF CUSTODY AND PARENTING?


The mediator will try to ensure that both parents have frequent and continuing regular contact with their children. A parenting plan that takes into account the unique circumstances of your situation is the goal. Some parents have flexible schedules, some have shift work, some travel for work; all of this is taken into account as well as the children’s schedules, recognizing the need for flexibility as these are changing factors to a parenting plan. The age of the children will also be a consideration as the needs of very young children and teenagers are normally quite different. The mediator will make sure that both parents are respectful of the role their spouse has as a parent to your children and build in guidelines to discourage any disparagement or alienation of the other parent.

WHY IS MEDIATION MORE COST EFFECTIVE?

Mediation is faster and more direct as the communication is directly between the parties instead of through lawyers. There is no travel or waiting time billed which is normally the case with litigation. What may take a year in court can be accomplished in a matter of weeks through mediation.

ARE MEDIATION AND ARBITRATION THE SAME THING?

No. Mediation is the process of both parties reaching mutual agreement on the issues. Arbitration is still having a settlement imposed on or decided for you by a third party, just not in a courtroom.

DO WE HIRE EXPERTS IN MEDIATION?

There may be an issue which the mediator identifies as needing the use of an expert opinion. By way of example, you may not agree on the fair market value of your home. A mediator may suggest you retain a joint expert to appraise the property to assist you with arriving at a mutually agreeable value for your home. The mediator may also suggest that you consult with other professionals during the mediation process such as an accountant if there are tax questions regarding the resolution of a particular issue.

IS MEDIATION CONFIDENTIAL?

Mediation is a completely confidential process. The mediator will not divulge anything a party says to the mediator unless the party has given permission for the mediator to do so. In order to ensure this confidential process, the mediator and her notes/memoranda may not be subpoenaed.

DO I NEED TO HIRE AN ATTORNEY?

That is up to you. However, the mediator will encourage you to have independent counsel available to you to clarify legal issues that may arise and review and draft a final agreement based upon the MOU.

DO MEDIATORS RECEIVE A PERCENTAGE OF ANY SETTLEMENT?

Absolutely not. Mediators work on an hourly fee basis only and get paid each session as we go along in the process. This fee can be paid by one or both parties.

WHAT ISSUES ARE DEALT WITH DURING MEDIATION?

Really anything that needs to be discussed for you and your spouse to reach an agreement on the dissolution of your marriage. The most common issues addressed are custody and parenting time for your children, support for the children and/or spouse, equitable distribution of the marital assets, and division of marital debt.

WHY MEDIATION?

  • You control the decision making and not the court.
  • You control the timetable and the pace and what issues are important.
  • The cost is normally a fraction of the cost of litigation.
  • Court is public, mediation is confidential.
  • Mediation is less stressful than having to appear in Court and battle it out.
  • Mediation is normally much faster than the Court process.
  • You can craft resolutions which suit the particular needs of your family unit as opposed to having to fit into a cookie cutter solution.
  • You pay as you go along rather than having to come up with a large retainer at the beginning of litigation.
  • You are present for each aspect of the resolution of your divorce case; no decisions can be made unless you agree.

WHAT ARE THE COSTS?

Unlike litigation, the cost of mediation tends to be both reasonable and predictable and is typically a fraction of the cost of a contentious divorce. Fees are not collected up front. Clients pay fees as they go along at the conclusion of each session and for the drafting of the MOU. Fees are charged by the hour at the rate of $250.00 per hour and payment may be made via cash, check or credit card.  

showcasebottom1showcasebottom-quote