Mediation
How does mediation work?
The parties may meet in the same room, or choose to be separated,
with the mediator (Floyd Rogers) shuttling between them. Generally,
the parties may negotiate virtually all the ground rules of the
mediation, what issues will be addressed, who will attend, and
every other aspect of the mediation. The mediator's tasks include
providing information the parties need to make decisions about
their agreement, and helping the parties brainstorm solutions.
The mediator will not provide legal advice, unless he is representing
a client in the legal process. The mediator The mediator will
direct parties to individual attorneys if they require legal advice.
Can I still use an attorney?
Yes. Like most aspects of mediation, you control the process.
You have a right to legal counsel in every element of your life,
and this is not taken away just because you are mediating. Whether
attorneys will actually participate in a specific mediation session
is open for agreement by the parties. If one party insists they
will attend while the other insists they won't, mediation may
not be possible.
Is the outcome binding?
Only if you come to an agreement. While there have been cases
that turned on this question, generally, if you enter into a signed
agreement, the court will likely enforce it. Of course, you can
always ask to have any agreement reviewed by your attorney before
you sign it. If you don't come to an agreement, not only is everything
in the mediation discussions not binding, it can't even be admitted
into evidence in court. This rule is to assure the participants
they are safe to make suggestions and brainstorm ideas without
fearing they will be held to them later, unless they are signed.
How long will mediation take and what will it cost?
Most mediations take much less time than most people think. With Floyd E. Rogers Jr. Attorney, the average mediation for a typical
divorce takes between two and five hours. This may be done at
one time, or it may be divided over several sessions. This does
not include any time necessary to prepare the agreement or develop
any other paperwork that may be necessary. Such paperwork may
require additional time by the mediator. The cost will depend
on how long the mediation takes and, if there is paperwork, how
complex the case is. Generally the charges for the mediation are
for the mediator, and the cost of the paperwork, which may involve
both paralegal and mediator time. A major advantage is that this
cost is usually divided between the parties, and is less than
if each party were to hire his or her own attorney to do the negotiating.
When can mediation occur in the process?
At any time before any papers are filed, during the paperwork
process, or just before a court date. The point is, a settlement
negotiated directly between the parties is almost always more
acceptable to both parties than an outcome decided by the court,
or an outcome negotiated by the parties'' representatives. The
best time for mediation is anytime the parties are ready to settle.
Parties who mediate to a settlement are less likely to ever go
into a court concerning any issues after the divorce is final.
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