
General Questions About Mediation
What is Mediation?
Mediation is a voluntary and confidential process where a neutral third party, called a mediator, helps people in a dispute communicate more effectively and find their own solution. The mediator does not make decisions but facilitates a productive conversation, allowing the parties to maintain control over the outcome.
What are the Benefits of Mediation?
Cost-Effective: It is typically much less expensive than litigation.
Faster Resolution: Disputes can often be resolved in a matter of weeks or months, not years.
Confidentiality: The process and discussions are private, unlike a public court case.
Empowerment: You and the other party control the outcome, leading to more creative and satisfying solutions.
Preserves Relationships: It encourages cooperative communication, which can help preserve or improve relationships.
To learn more, you can scan these articles:
Benefits of Mediation for Family Disputes
The Role of Mediation in Resolving Business Disputes: Benefits and Strategies
10 Benefits of Mediation for Effective Conflict Resolution
What Kinds of Disputes Can Be Mediated?
We offer mediation services for a wide range of disputes, including:
Probate and estate conflicts
Family matters (divorce, child custody, spousal support)
Workplace conflicts (employee-employer disagreements, team disputes)
Small business conflicts (partnership disagreements, contract issues)
Neighbor disputes
Is Mediation Right for Me?
Mediation is a great option if you want to find a faster, less expensive, and more private resolution to your dispute. It is particularly effective when you want to maintain a working or personal relationship with the other party (e.g., in a divorce or business partnership), and when you want to create a custom solution that a court might not be able to provide. We address these questions related to your particular dispute during our consultation.
What is the Difference Between Mediation, Arbitration, & Litigation?
This is a key distinction. Mediation is non-binding and focuses on helping parties reach a voluntary agreement. Arbitration involves a neutral third party (an arbitrator) who listens to the evidence and makes a binding decision for the parties. Litigation is the formal process of going to court, where a judge or jury decides the outcome, which is legally binding.
The Mediation Process
What Happens in a Mediation Session?
A typical session begins with the mediator explaining the process and ground rules. Each party then has a chance to present their perspective without interruption. The mediator will facilitate a joint discussion to identify the core issues. We may also hold “caucuses,” which are private, confidential meetings with each party to discuss their interests and goals separately. The process continues until an agreement is reached, or the parties decide to end the session.
How Long Does Mediation Take?
The length of mediation varies greatly depending on the complexity of the issues and the willingness of the parties to compromise. Simple disputes may be resolved in a single 2-hour session. More complex issues, such as a divorce, may require several sessions.
How Do I Start the Mediation Process?
To begin, simply submit a Request for Consultation form. Once received, we’ll reach out to schedule a virtual meeting with both parties to discuss your situation and determine whether mediation is a good fit. If both parties agree to proceed, we’ll coordinate and schedule your first session
Is the Mediation Process Confidential?
Yes, confidentiality is a cornerstone of mediation. All discussions, proposals, and documents shared during mediation are confidential and cannot be used as evidence in a future court case (with a few exceptions, such as a report of abuse or a threat of harm). The mediator will not share anything from a private caucus with the other party without your explicit permission.
What Happens if We Don’t Reach an Agreement?
While full agreements are common, even in the rare instances where one isn’t reached, mediation remains highly productive. Thanks to the mediator’s expertise in guiding emotionally attuned, trauma-informed dialogue, parties often gain deeper clarity, reduce misunderstandings, and resolve key issues—frequently arriving at partial agreements or laying the groundwork for future resolution. If a final decision isn’t reached, you retain the option to pursue arbitration or litigation. Importantly, all discussions in mediation are confidential and cannot be used against you in court.
The Mediator & Other Parties
Why Doesn’t the Mediator Want to Know the Facts Before Consulting with Both Parties?
This is one of the most important questions people ask when considering mediation. To maintain impartiality, the mediator avoids hearing one side of the dispute without the other party present. By waiting to learn the facts in a shared setting, the mediator ensures neutrality and creates a balanced space for open dialogue. This approach helps build trust and supports a trauma-informed process where all questions and perspectives are treated with equal respect.
What is the Mediator’s Role?
The mediator’s role is to act as a neutral facilitator, not a judge or an advocate. We manage the process, create a safe and respectful environment for communication, and guide the parties in identifying their interests and exploring possible solutions. We do not provide legal advice, make decisions for you, or determine who is right or wrong.
Do I Need an Attorney?
You are not required to have an attorney present during mediation sessions. However, it is strongly recommended that you consult with an attorney before and/or after the mediation to understand your legal rights and to review any final settlement agreement before signing it. Attorneys can answer any remaining questions you have prior to signing off on the agreement or formalizing it in any way.
Can My Attorney Attend the Mediation Session with Me?
Yes, attorneys are welcome to attend mediation sessions. One of the most frequent questions we receive is about the role of legal counsel in a collaborative, non-adversarial process like mediation. While attorneys can be present, mediation often works best when parties speak directly, without legal representatives dominating the conversation. That said, we encourage participants to have any proposed agreement reviewed by their attorney before signing. Attorneys can remain nearby to offer guidance as needed, while allowing the mediation process to unfold in a neutral, open, and emotionally safe environment.
Who Else Can Be Present During Mediation?
Generally, only the parties involved in the dispute and their legal counsel (see above re attorney attending mediation) are present. In certain cases, with the agreement of all parties, it may be appropriate for a subject-matter expert, an interpreter, or a support person to be present.
Costs & Other
What Are the Hours Mediations Take Place?
Check our availability on our Google Business Page for our available hours as our ability to provide consultations and mediation sessions during the “normal” workday changes on occasion. However, the following schedule does not change:
Monday through Friday 6pm to 8pm Eastern Time
Saturday/Sunday: 10am to 12pm and 2pm to 4pm.
How Much Does Mediation Cost?
Mediation is a significantly more affordable path than litigation—often at a fraction of the cost. We offer a flat rate per two-hour session, typically shared equally between both parties. If additional sessions are needed, they’re available at the same predictable rate, with no hidden fees or escalating costs.
Before we begin, you’ll receive a clear, written fee agreement so you know exactly what to expect. And during your free, no-obligation consultation, we’ll take time to understand your needs, answer your questions, and help you determine whether mediation is the right fit for your situation—without any pressure to commit.
When is Payment Due?
Payment is due prior to each session taking place.
Where Do Mediations Take Place?
All of our consultations and sessions are conducted virtually, using a secure and user-friendly online platform. This allows you to participate from the comfort and privacy of your own location, making the process more convenient and accessible.
What if the Other Party Refuses to Come to Mediation?
This is one of the most common questions we receive, especially when emotions are high or communication has broken down. We can assist by reaching out to the other party on your behalf to explain the benefits of mediation and invite their participation. A neutral invitation often carries more weight than one extended directly by someone involved in the dispute. However, because mediation is voluntary, no one can be forced to participate. Our goal is to create space for dialogue, even when questions of willingness or readiness arise.
