F
requently Asked Questions
Q: Is Mediation appropriate for every divorce case?
A: No. If there has been a history of family violence or abuse, it may be best for the victim spouse to be represented by counsel. However, during the divorce process, it may become possible to have a mediation or settlement conference, with the assistance of counselors.
Q: If my spouse and I have agreed to a divorce but are concerned about the impact on our children, is the impact lessened by mediation?
A: Almost always. Children know when their parents are fighting, and it is very healing for the children to hear from their parents that they have worked together to reach agreements.
Q: Will the cost be less if we agree to mediate rather than go through the full litigation route?
A. Yes. Mediation is the most cost-effective way to dissolve a relationship.
Q: If we both already have lawyers, can we ask for a mediation?
A: Yes, at any time. Usually, the court will require the parties to attend a mediation session before granting them a final trial.
Q: If we have lawyers during a mediation, are they present or would each of us be alone with the mediator?
A: There are many different ways to have a mediation, depending upon the wishes of the parties and their attorneys. Often the attorneys feel comfortable letting the parties attend a mediation without their presence, and they will stand by to offer advice. If there is a great deal of hostility between the parties, the process is usually a settlement conference, where the settlement Facilitator has the parties stay in different rooms and the facilitator goes back and forth assisting the parties to reach a settlement.
Q: Are the mediation sessions confidential?
A: Yes. All communications between the parties and the Mediator are privileged and confidential.
Q: I have just learned that my spouse has been unfaithful to me and I am very angry. I still want to try mediation. Do I have to see him/her?
A: The most beneficial way for persons to mediate is to sit in the same room and discuss solutions to their problems. However, there are times when that is difficult. Because the parties run the process of mediation, it can be tailor made to their desires. Unlike litigation, mediation is a fluid process, and as a mediator I am totally open to various scenarios and together we will choose the one that will work the best for the particular time and problem presented.