The Use of Experts

Often, it becomes necessary or desirable to engage the services of other professionals during the mediation process. For example, if a dispute involves minor children, it may be extremely desirable to bring in a mental health person with an expertise in the emotional needs of children. One of the advantages of parents using the vehicle of mediation rather than litigation is that the mediation process will constantly focus on the best interest of the child. By engaging the services of a neutral mental health expert, the expensive and emotionally draining exercise of each parent hiring their own expert to testify as to the parent’s wishes, rather than what is best for the child, will be avoided.

If the issue involves a dispute over property, it may become necessary to hire an appraiser. Again, if the parties agree to use one appraiser, the cost is obviously much less than a litigation scenario, in the event the attorneys or parties will not agree to use one appraiser.  An issue regarding the valuation of a business may require the services of a valuation expert.

As set out in the Agreement To Mediate, the mediator does not represent anyone and does not render legal services to the parties. The parties may retain attorneys of their choice to consult with and to give them legal advice during the process, to review any settlement agreements, to draft legal documents, and to take matters to court, if the parties agree.