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Click here for answers to frequently asked questions about mediation. Description of Practice Approach To Mediation Fees Other Information Types of Mediation Practice
Additional Professional Services
Frequently Asked Questions About Mediation This information is intended to assist parties to comfortably, confidently, and effectively represent themselves in mediation. In this process, mediators provide the involved parties with all decision-making power. Clients are encouraged to consider their best interests, as well as the results that they would like to create in mediation. What is mediation? Mediation provides parties the opportunity to renegotiate existing agreements or resolve disagreements outside the court process. Through mediation, the parties may create their own agreement to settle their case. Indeed, most cases do settle when the parties mediate their disagreements. However, the parties have the choice whether to settle their case or not. What does a mediator do? A mediator helps the parties to communicate in a way that promotes settlement, understanding, and reconciliation. A mediator is neutral; that is, the mediator is not on the side of either party to a dispute. A mediator is not a judge and will not decide the case for the parties. Instead, with the help of a mediator, the parties may create their own agreement, rather than have a judge decide their case. What occurs in mediation is confidential. How long does it take and how much does it cost? New clients enjoy a thirty minute free initial phone consultation. Thereafter, because each case is different, how long mediation will take or how much mediation will cost varies—and depends primarily on how agreeable the participants are. Generally, for divorce, business and organizational matters, we meet between two and twelve times for approximately two hours each meeting. Thus, the cost of a comprehensive mediated agreement generally ranges between $1,000 and $10,000. The specific mediation fee is $100 per hour per person. Dr. Leit will be as specific as possible about projected prices once she has a better understanding of your situation. A retainer payment of $600 toward mediation fees and expenses will be due at the signing of Agreement to Mediate. Any unearned amount of this retainer fee will be refunded to the parties. Any additional payments over and above the retainer can be made before each mediation session. Responsibility for mediation fees is an issue to be decided by mediation participants. Participants are encouraged to consider sharing fees to some extent so all will benefit from expeditious resolution. What kind of payments do you accept? Personal checks, cash or money order payments are accepted for the retainer fee and for each session thereafter; credit card payments can also be made in advance through this website. Can I bring my lawyer? Attorney representation is not necessary, but the presence of your lawyers is encouraged. Please have any mediated Settlement Agreement reviewed by individual legal counsel prior to your signing the agreement. In practice, it works best for mediating parties to obtain one to four hours of individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by legal counsel’s review of a near-final draft Agreement, and by counsel’s review of the final Agreement. This level of consultation will dramatically elevate your comfort and confidence in the final agreement. What about utilizing experts? It may make sense, in a particular case, for mediation participants to retain mutually trusted experts. For example, participants may desire a trusted valuation of real property, personal property, or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant or tax expert. Mediation participants with parenting concerns may find it beneficial to obtain the thoughts and recommendations of a trusted child psychologist. Mediation participants may choose to jointly retain an impartial advisory attorney who, based upon an agreed-upon set of facts, may render an advisory non-binding opinion on how a court might resolve the identified issues. What else can I do to prepare? Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to desired outcomes and perceived standards of fairness. Stated otherwise, “What do you want out of the mediation?” and “How will you know that it is time to agree?” What are our chances for success? Over the years, 90% of mediating parties Dr. Leit has worked with have reached comprehensive resolution. This high success rate is due to most participants being highly motivated to arrive at an agreement. You are encouraged to work together to solve your issues and to reach a fair and constructive agreement. What if we don’t reach agreement? You have complete decision-making power. Each of you has veto power over each and every provision of any mediated agreement. Nothing can be imposed on you. In mediation, all discussions and materials are confidential, except for a finalized and signed mediated agreement for enforcement purposes. If no mediated Agreement is reached, evidence of the mediation discussions, mediation materials, and any draft mediation resolution will not be admissible in court or any other adversarial proceeding. When will the mediation occur? Mediations may be scheduled at a time convenient to the parties and the mediator. After the mediation date is scheduled, you will receive a notice giving the time, date, and place of the mediation, along with directions to the office location and parking information.
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