Mediation Overview

Family Mediation
Mediation involves bringing together disputing parents with a neutral third person, called a mediator. 
The mediator assists the parents in identifying issues, solutions and alternatives.  All decision-making authority rests
with the parents; parents are not required to reach an agreement.  The mediator’s objective is to help the parents reach
a mutually acceptable agreement on disputed issues: parenting arrangements, child support, property/debt division. 

Mediator’s Objectives / Rules
•  To help parents avoid the need for modifications and help parents to better communicate.
•  To mediate a workable parenting plan agreement that is in the best interest of the children.
•  To help parents avoid an expensive, long and bitter custody battle and the Court deciding the outcome.
•  To provide insight on child arrangements: regular schedule, holidays, vacations, financial responsibilities, etc.

•  Mediators do not provide legal advice, but can give legal information.
•  Mediators will remain neutral with respect to any and all the issues pending in the divorce case.
•  Mediators do not represent any of the parties of a divorce.  Possible conflicts should be revealed to parties.
•  Mediators are not decision-makers, such as a judge or an arbitrator.  Mediators can/will question decisions.

Mediation Sessions
Mediation sessions are normally scheduled for a 2 or 4-hour session and can take several sessions to complete.
Not all issues in the dispute have to be settled in mediation, unsettled issues can be left for the Court to decide.

Confidentiality & Disclosure
Confidentiality: Everything said in mediation, by either parent and mediator is confidential, exceptions below. 
The exception to the confidentiality rule is when child abuse first arises that was unknown or one party(s) threatens
the other party with physical bodily harm.  If either of the two situations arise in the session, it will be terminated.

Disclosure: Full disclosure of income, assets and debts is required.  (financial statements, income tax returns etc.)

Attorneys’ Presence
If you need your attorney present with you during mediation sessions, then by all means have your attorney present. 
If one parent is going to have his/her attorney present, the other parent should have his/her attorney present; this will
help to keep a balance.  Examples when to have your attorney present: other parent is abusive or overbearing, parent is
depressed, complex issues, unsure, etc.  Parents’ attorneys will prepare and file the final agreement with the Court.

Mediator’s Report
Mediator’s Report to the Court: (1) Mediation was successful.  (2) Mediation was unsuccessful.  (3) Mediation was
partially successful.  (4) Mediation is ongoing and will continue after an agreed upon child evaluation is completed.

Mediation Cost
Mediators charge by the hour; this time includes initial and final preparation time.  Mediators’ hourly rates can/do
vary from $50 to $225.  Some mediators use a sliding scale to help those parents that cannot afford regular rates. 

Hourly rates are usually split between parents unless parents/attorneys make other arrangements prior to mediation.

Example: Cost With-Out Attorneys Present
A 4-hour session with mediator ($50/hr) and w/o attorneys present cost: $200

Example: Cost With Attorneys Present
Mediator ($100/hr) + Her Attorney ($125/hr) + His Attorney ($125/hr) = $350/hr
This means that a 4-hour session with a mediator and with attorneys present cost: $1,400