 FAQ - Frequently Asked Questions about Mediation
- Is mediation confidential?
Mediation is a private process, not open to the public. The mediator is bound by law to keep confidential what is discussed in mediation.
- Is a mediated agreement binding?
If you are involved in a divorce or another family issue that is filed with the court, any agreement you reach in mediation may be filed with the court. You should speak with your lawyer about how this works and what your options are. The court generally reviews the agreement to assure that it conforms to the standards that have been established, such as the child support guidelines and, where it doesn't, what special circumstances exist.
- How long will mediation take?
Because each and every mediation is unique, it is hard to predict exactly how long your mediation will last. In general, full divorces, including custody issues, division of property and assets, takes between three and eight sessions. The number of sessions depends on the issues that need to be resolved and how the parties respond to the mediation itself. In addition, the mediator will take time to prepare the 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.
- How long are the sessions?
Generally, mediation sessions are scheduled to last from 1 1/2 hours to 2 hours, depending on the couple's needs and available time. Some couples prefer longer sessions while others find that shorter sessions are more productive.
- How much will mediation cost?
Your mediation costs will be based on an hourly fee. Reviewing and drafting documents is a one time fee. There is no charge for the time the mediator spends with you on the telephone and reading or answering your emails. The cost of mediation is generally significantly less than if you each hired lawyers to represent you in your divorce without using mediation.
The cost of mediation is split between the parties. So, an example: if the total of all your mediation appointments was $1000, then each party would be responsible for $500.
With the proper documentation a sliding fee rate may be applied.
- Who is present at the mediation session?
Who is present at a mediation appointment is determined by the type of issue being mediated. For divorce mediation you and your spouse will both be present. On occasion, the mediator may wish to speak with each of you privately (and confidentially), or in post-decree mediation it occasionally may be useful to have current spouses involved with the discussions.
- What information must I disclose to my spouse and to the mediator?
All financial information must be disclosed and verified as part of the mediation process. The mediator will work with you to determine your income, expenses, assets, liabilities, retirement funds and other financial information that is required as part of a legal divorce. Should information be withheld during the mediation process, any agreement reached may not be valid.
- What is discussed during mediation?
In typical divorce mediation, the following issues must be addressed in order to generate an agreement that may be submitted with the court:
- Children: Parenting responsibilities and time; living arrangements; legal and physical custody; insurance, education, support and many other issues
- Assets and Debts: How these will be apportioned
- Property: Marital home, cars, other personal property
- Spousal Support: Whether there will spousal support, in what amount and for how long
- Insurance and Medical Expenses
- Tax Issues
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