FAQ Mediation
What is mediation?
Mediation is a process by which you can resolve your disputes with the help of a mediator, who is a trained professional with specific education and expertise in dispute resolution. Even if you think an agreement cannot be reached, we encourage you to consider mediation as an option to resolve the issue. There are many benefits, and you may be surprised at what a skilled mediator can do.
Can a mediator make a decision for me, in the event we cannot reach an agreement in mediation?
No, a mediation is a non-binding process, meaning that the mediator does not have the authority, or jurisdiction, to make a decision. A mediator uses his or her skills and expertise to help you and the other party reach a decision with which you both are satisfied. In a mediation process, you retain control and you decide whether to agree, or not agree, to potential solutions that are on the table.
Why should I consider mediation, and not just head to Court?
Mediation offers many benefits, and we strongly recommend attempting mediation at least once before deciding to proceed to Court in most cases. Mediation is a collaborative process, and a mediator can help you reach an agreement with which you and the other party are both satisfied. This can preserve the relationship between you and the other party, which is crucial, especially in parenting matters where you will continue to interact and work together to raise your children.
Mediation is also typically substantially less expensive than Court processes. Depending on the complexity of your matter and the relationship dynamics present, your matter could be concluded in its entirety in one or more mediation sessions. If you proceed to Court, your legal fees could be tens or even hundreds of thousands of dollars, depending on the circumstances.
If you proceed to Court, you will likely be waiting months for your matter to be heard, and likely years for your matter to be finalized if it must proceed to trial.
What happens if I need a binding process?
If you have attempted mediation and it has been unsuccessful on some or all of the issues, you may need a binding process to resolve your matter. A binding process means that a third party has the authority, or jurisdiction, to make a decision on your issue, and you are obligated to comply with that decision. Though we are often successful at resolving matters in mediation, saving our clients significant expense, time, and energy, we can advise you on options for a binding process, such as proceeding to Court, or to arbitration.
My situation involves domestic violence. Is mediation appropriate for me?
Our lawyers have specific experience and training dealing with situations involving domestic violence, whether you have been accused of domestic violence, or whether you have experienced it. You may be surprised to find that mediation may still be a good option for you, and in fact, it is an option that can be particularly empowering because it allows you to actively participate in the resolution of your legal issue. Our team will be happy to discuss safe, trauma-informed options with you to determine whether mediation might be appropriate in your unique circumstances.