Frequently Asked Questions About Mediation
What is mediation?
Mediation is a voluntary form of dispute resolution (DR) that gives clients the opportunity to find mutually beneficial solutions to disputes with the help of a neutral mediator. The mediator helps the clients have productive conversations to resolve the conflicts. The mediator empowers the clients to make their own decisions and find their own resolutions..
Will a mediator make a decision in my favor?
A mediator is not a judge, and will not hand down any decision. Instead, the role of the mediator is to facilitate a discussion about the issues you are facing, and help you get past the areas where you normally get stuck.
A good mediator asks questions that require both parties to evaluate what is most important to them in a final resolution. He or she will help keep parties focused and productive, while guiding them through the process of crafting a comprehensive, workable solution.
What does the mediation process look like?
Mediation is a flexible process that can be tailored to meet the unique needs of a family. No two mediation sessions look exactly alike, but they often follow a common structure. At Dimant Resolutions, we typically begin the intake process by speaking to each party individually. Next, we would schedule a session with both parties and the mediator(s) together, so that everyone starts on the same page and has an opportunity to sign the Agreement To Mediate. Our mediators explain the process, answer any questions and share a little bit about their experience.
Then parties have a chance to tell their story and discuss the issues that matter most to them. Often, in the course of the guided conversation, parties will work together to brainstorm new ideas and negotiate specifics, slowly building an agreement that they can both live with.
Our mediators often use caucuses, or individual meetings, to have private, one-on-one conversations with each party during the session. We do not share any information we learn during these separate discussions unless you authorize us to do so, but they can help us offer suggestions about how to move forward and guide the conversation in a productive way.
How many sessions will we need to do?
Every case is different. How many sessions a mediation will require depends on how many issues you need to discuss and how contentious your case is. For many issues, one session is enough. For a full divorce, where parties disagree on a number of issues, we typically advise clients to plan for 2-4 sessions. However, in the end, it is really up to you how long it takes.
If mediation is voluntary, how can the court order me to participate?
At its core, mediation is a voluntary process. However, many court systems and individual judges will mandate mediation for a number of reasons. First, mediation is often effective, and can relieve the burden on the court system. It has also been found that when families design their own agreements, they often last longer and work better than those orders handed down by a third-party.
If you have been ordered to mediate, we encourage clients to attend the mediation session prepared and to put forth a good-faith effort to reach a resolution. However, you are NOT required to reach a resolution.
Is mediation confidential?
Mediation is a confidential process, which means that what you say in mediation will not be shared by the mediator to anyone outside the mediation. The mediator cannot be called to testify about anything that was said during any mediation session.
There are a few exceptions to this confidentiality provision. One of those exceptions is if you were to commit a crime, such as an assault, during the mediation session itself. Another is if one of our mediators learned about child or elder abuse during the session, as we are mandated to report these to the state.
If your mediation was court ordered, the only things that our mediators will share with the court is that you either did or did not mediate with us, and that you did or did not reach an agreement.
Is a mediated agreement legally binding?
In civil mediation, a signed agreement is legally binding, in the same way a signed contract would be legally binding.
In family mediation, the process is a little different. In order for a divorce or custody order to become enforceable by the court, it must be filed with the court and signed off on. This is to protect the best interests of children and the rights of parties. However, if you have already reached an agreement in mediation, the process is typically much easier, faster and less expensive.