Mediation – FAQs

A: Mediation is a voluntary dispute resolution process providing an innovative and cost-effective alternative to litigation.

People in conflict are brought together to work out their differences to achieve a mutually agreed upon settlement.

In mediation, the parties negotiate their own settlement.

Individuals experiencing conflict will attend meetings that are facilitated by an experienced, compassionate, neutral and qualified individual referred to as a “Mediator”.

The meetings are facilitated by a trained neutral third-party called a “Mediator”.  The Mediator does not have the authority to force any of the participants to do anything, but instead will help the parties identify and negotiate their issues in an effort to achieve a WIN-WIN resolution for the participants in the mediation.

In the traditional legal process, your lawyers often do the negotiations for you, or you could take issues to a judge for the judge to decide the issues for you.  In mediation, the participants will work together in a cooperative and respectful manner to reach a resolution that they both can agree upon.

Parties in conflict often see their only option as litigation in the courts, with expensive legal fees and costs.  Mediation is another option to provide constructive and confident dispute resolution.

A: Why you should choose mediation:

• Mediation is a cost-saving alternative to avoid expensive and uncertain court litigation and escalating legal fees and costs.
• In mediation, participants have control over the outcome rather than turning matters over to a judge/jury to decide and having their respective attorneys do all of the negotiations.
• Personal negotiation through a cooperative and respectful process to achieve WIN/WIN agreement for all participants of the mediation.
• Mediation reduces stress as parties have more input and are a part of the resolution, as opposed to waiting to hear what their attorneys have said to each other or waiting to hear what a judge or jury may impose upon them.
• The parties are free to come up with solutions that they believe are appropriate for their family or situation, even if these are different solutions than what attorneys or judges/juries may recognize in the traditional legal process.
• During mediation, the parties can present any information that they feel is important: The parties know that they each have a “voice” that will be heard and their concerns and needs will be addressed.
• Preserves relationships for future communication and interaction
• Mediation is confidential: There is no public record, unlike the traditional legal process where the parties’ details of their conflict and often very personal details of their life may be subject to public scrutiny.
• Flexible scheduling to accommodate the schedules of the participants, including evenings and Saturdays.
• We maintain a deep respect for personal faith in the conflict resolution process.

A: A summary of the role of a mediator:

• To provide open lines of communication between the participants, encouraging all participants to be fully involved in the mediation so that no one person dominates the discussions

• Assist the parties in clarifying issues and needs

• A mediator helps parties to “brainstorm” and to explore all possible solutions to conflict resolution

• Provide a safe and respectful environment where participants know that each of them will be heard and each will be a part of resolution

• To facilitate the discussion between the participants, to remain neutral at all times, to help the participants understand each other’s points of view

• Mediators do not give legal advice and do not give their opinion as to the possible outcome of litigation, they do not take sides or tell the parties what to do

A: The cost of mediation is dependent upon each individual situation.

The Mediator can charge their hourly fee for services.

Peacemakers Mediation Services is a non-profit organization founded by Attorney Deborah L. Lesko, and provides for service on a “sliding scale” based on each participant’s income.

This is designed to make the service affordable even for low income families.

Contact us for more information.

A: There are several variables that affect how long mediation will take. The participants determine the frequency of mediation sessions. Meetings scheduled for every other week intervals are often suggested by many participants, as you may have “homework” to prepare for the next meeting (for example, obtaining a real estate appraisal, collecting bank statements, etc.).

Mediation affords great flexibility in scheduling the sessions around the participants’ schedules, including evening and Saturday appointments.

A: If you are getting divorced and are having a mediation, you are not required to have an attorney. An attorney does not usually attend the mediation sessions unless the participants think it is necessary. Nevertheless, we recommend that you each have a divorce mediation attorney for the following reasons:

• You will negotiate the divorce yourselves. For the most successful negotiations, it is important that you are an informed negotiator. Mediators can provide general legal information but cannot give legal advice. Attorneys provide valuable legal advice as to the law, your rights and information so that you will be informed and more comfortable and confident in your negotiations. Your attorney will make sure that you are aware of all of your legal rights and obligations so that you address all of them in your mediation.

• The goal of mediation is a comprehensive and binding agreement. The Mediator is not your attorney and will not be writing these documents, but will draft a non-binding Memorandum of Understanding, that participants will use to have a final binding agreement completed.

• The court system can be very frustrating if you do not know how it works. An attorney can manage the court process and filing for you.

A: After mediation, the mediator will help you discuss what to do next.

Mediation does not interfere with your rights to go to court and it does not waive your legal rights.

You can always choose to stop mediation and have your attorneys negotiate for you or you can choose to go to court.

Oftentimes, mediation will open the door to communication and even if the participants have not reached an agreement, they can continue to communicate and reach a resolution on their own at a later date, after the mediation.