Frequently Asked Questions

Mediation is a binding and confidential dispute resolution process that allows parties to come to an agreement resolving the issues of their legal dispute.

There are many advantages to mediation. Mediation is binding so the parties can have confidence that they are reaching an agreement that the parties will have to adhere to. This gives the parties certainty. Mediation is confidential so the parties can communicate freely without worrying that what they say about the issues would be used against them. This gives the parties comfort to reach an agreement. Mediation is a way for the parties to have a say in the outcome of their case. If the case goes before a Judge, the time to make decisions about the case is over for the parties and the only person making any decisions about the outcome is the Judge. Mediation allows the parties to have agency and to make the important decisions about their lives for themselves.

 Yes, mediation is binding. If the parties come to an agreement in mediation either party is entitled to get an order from the Court in accordance with the terms of the agreement. It is important for the parties to understand that they cannot have a change of heart the next day and try to set aside the terms of the agreement. A mediated settlement agreement is so binding that if the case is for a final order in a family law case, even a Judge cannot set aside the agreement, absent some very unusual circumstances. The good thing about this, though, is that the parties come to an agreement they can leave the mediation knowing that their issues have been settled on terms they have decided.

Yes, mediation is confidential. This means that whatever is said in mediation is to be used for settlement purposes. The mediator cannot be called to testify in the case as to what one of the parties said or did. The only time the mediator can reveal something that has happened in mediation is if there has been abuse to a child or elderly person or if criminal threats are made. The mediator will report to the Court if the parties appeared for mediation and if a settlement was reached. Other than that, the mediator cannot reveal what has transpired during the process.

Mediations are scheduled for either a half day of 4 hours or a full day of 8 hours. But the real answer is that mediation takes as long as it takes. The only person who can call an impasse or say that settlement will not be reached is the mediator. If the parties have reached the end of the allotted mediation time but progress is being made and a settlement is in sight, the mediation can go beyond the allotted time. Most cases are either settled or called as an impasse within the allotted mediation time.

A half day of mediation is $350 per side and a full day mediation is $700 per side. If the mediation exceeds the allotted time, each party will have to pay an additional $100 per hour. Most cases are either settled or called as an impasse in the allotted mediation time.

Absent a court order or other agreement of the parties, the parties will each pay their own mediation fee for the allotted time of mediation.

If a party does not appear for mediation, the mediator will send a notification to the Court that one party did not appear and therefore a settlement could not be reached.

If mediation is cancelled within 24 hours and not rescheduled, the mediator can charge a discretionary $100 cancellation fee.

If the parties do not reach an agreement in mediation, the mediator will send a report to the Court letting the Court know that an agreement was not reached. The parties will then put their issues before the Judge.