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Mediation


What is Mediation?

Mediation is a conflict resolution process in which both
parties, with the assistance of a mediator, directly negotiate
a settlement of all issues.

A Mediator is a trained, neutral third party who will assist
couples in communicating with one another, working out
issues, and ultimately reaching an agreement that each party
can support.

Mediation can be used to settle
Matrimonial matters as well as to develop
a custody and parenting plan.    

Why choose Mediation?

Mediation allows couples to resolve issues without the
need to become involved in costly, time consuming and
stressful litigation.

Mediation allows each spouse the opportunity to discuss
all issues of disagreement and to explore all possible
solutions.

Because alternatives are discussed, proposals made and
unworkable solutions are immediately modified into a
workable solution or discarded, mediation can often
achieve results much quicker than when each party is
represented by an Attorney.  

Mediated agreements are usually challenged less
frequently because people often find it easier to maintain an
agreement that they themselves have negotiated, rather
than one that is ordered by a Judge.

Individuals who have participated in Mediation on previous
occasions are much more likely to attempt to resolve any
issues which may arise in the future through negotiation
rather than immediately commencing litigation.

A prolonged Court battle is often detrimental to children.  
Children are sometimes the unintended victims of their
parents’ hostility toward one another.

How Mediation Works

Each party will be given an opportunity to discuss the issues
to be resolved, to negotiate and propose alternatives for
resolution.

The Mediator is a neutral third party who assists couples by
listening and  asking questions in order to better
understand the issues.  The Mediator will not advocate for
one position over another, place blame or attempt to
convince one party to accept or reject the proposal of the
other party.

It is not necessary that the parties be on friendly terms in
order to utilize Mediation.  All that is required is a
willingness on the part of both parties to “come to the
table” and try to work out a resolution.  When and if
conflict arrives, the Mediator is trained in helping couples
work through the conflict to arrive at a workable solution.


Time and Expense Involved

Each Mediation session is scheduled for approximately two
hours.  The  total number of session required to reach a
full resolution depends upon the needs of the individuals,
the level of conflict and the complexity of the issues to be
resolved.

The cost of the individual sessions is $150.00 per hour, and
this cost is usually shared by the parties in some manner.

After the parties have reached a resolution of all the
issues, a Memorandum of Understanding or Settlement
Agreement will be prepared and executed by the parties.    


Assistance of an Attorney

As the Mediator is a neutral party and will not give legal
advise, it is recommended that the final agreement be
reviewed by each party’s own Attorney prior to execution.