1. Why should I mediate? Deciding how to handle issues relating to your family, your finances and your future in a family law matter are very important and litigation is often an unproductive and unsatisfactory way to handle those important issues. The mediation process creates a supportive and constructive environment that promotes communication and strives to balance any power differences that may exist. Mediation can reduce the stress most people experience when divorcing or addressing other family law-related issues by working together amicably toward a fair resolution. Mediating your case will typically take much less time, save you money and, most importantly, allow you to make these important decisions on your own, rather than asking a judge to make those decisions for you.
2. What is the cost for mediation? The total cost of mediation will depend on each individual case. You will be billed by the hour (in quarter hour increments) for time spent in mediation sessions, as well as for time spent outside of the session, if any. Typically, these fees are split equally between the parties, unless there is an agreement or a court orders otherwise. It is expected that payment will be made in full at the end of each session. We do accept credit cards, cash or check.
There is also a one-time administrative fee of $100, and $50 is paid by each party. This fee covers the review of submissions prior to the first mediation session, as well as other out of pocket costs such as postage, telephone, fax and other charges.
3. How long is each mediation session? The sessions are typically scheduled for two hours each. However, it may proceed longer if time permits and the parties and mediator agree that it would be appropriate and beneficial to continue the session. You should plan on three hours for each session.
The sessions are generally scheduled to start sometime between 8:30 a.m. and 3:00 p.m. Monday through Friday.
4. Does my attorney attend the mediation session with me? That is a decision that is best made between a client and his or her attorney. The parties in family law matters typically attend mediation without their attorneys, at least at the initial session, in order to minimize the costs. If the parties are comfortable in doing so, a decision can be made thereafter as to whether attorneys should attend any subsequent sessions. Occasionally attorneys will attend all mediation sessions. If one party's attorney attends the mediation session, the attorney for the other party is also encouraged to attend.
If your attorney does not attend mediation with you, you will be encouraged to consult with him or her during the mediation process. Although the Mediator is a family law lawyer, as a neutral mediator they cannot give legal advice to either party.
5. If my attorney does not attend, how does he or she know what happens in mediation? In the vast majority of cases, the Mediator will prepare a Memorandum of Mediation or other written document memorializing what occurred in mediation and the agreements that were reached. Occasionally, the Mediator will hold a telephone conference with the parties' counsel in order to keep them advised and involved in the mediation process.
6. What if the other party does not wish to attend? Mediation is a voluntary process, although the court does have the authority, in certain cases, to order parties to participate in mediation. Unless the court orders mediation, a person cannot be forced to participate in the process.
7. Can I schedule a consultation meeting with the mediator? We do not schedule consultations prior to mediation. For the most part, the Mediator has little or no contact with the parties prior to the first mediation session in order to remain neutral. Most of our mediations result from attorney referrals and court appointments, and thus, are based on the Mediator's highly-regarded skills as a mediator.
8. How many sessions will we need to resolve our issues? There is no definitive answer to this question. It depends on many factors, such as the number and types of issues to be resolved and the ability of the parties to reach agreements. Some cases require only one or two sessions for resolution, while others may require many more.
9. Will we have to meet in one room with the mediator? The Mediator welcomes and encourages both parties (and attorneys, if present) to meet in the same room. However, that is also determined on a case-by-case basis because we recognize that it may be difficult. No one will be forced to meet in the same room with the other party if they are unable or unwilling to do so. Even if a mediation session begins with both parties in the same room, it is not uncommon to break into individual caucuses or sessions alone with the mediator. The Mediator will then facilitate the mediation by going between each individual room.
It is important that each party is as comfortable as possible in the mediation session. If you are unwilling or unable to meet in the same room with the other party, please make that known when you schedule your first mediation session.
10. What information does the mediator need from me? You will receive an introductory letter and packet by mail, requesting various information, once your initial mediation session has been scheduled. This will include forms that you should complete and return prior to your first mediation session. The Mediator will review this paperwork prior to your arrival so that your mediation time can be utilized most effectively. It is important that we receive complete and thorough information before your first mediation session. If you are unable to provide all of the information prior to the first session, please bring all information with you to the first session, including all supporting documentation.
If there are any court documents that are needed, you and/or your attorney will also be asked to forward copies at least one day prior to your first mediation session.
11. Can I contact the mediator directly to discuss my case? A mediator must remain neutral at all times. Absent express agreement, the Mediator will not have contact with the parties outside of the mediation session.
12. What do I do next? When both parties are ready to proceed, you should contact our office at (651) 967-7344 to schedule your first mediation session.
Please see our complete attorney profile and our statement of qualifications as a qualified neutral:
Mark Vierling: Attorney Profile | Statement of Qualifications
