THE PROCESS

When Should the Mediation Conference Be Scheduled?

The best time for a mediation conference is after the attorneys have received the basic financial and related information through voluntary production or discovery and can advise their client. With that information and the resulting legal advice, the parties and their attorneys can negotiate from informed positions. The conference is set well in advance of the final court hearing as scheduled by the judge.

If the divorce is already final and the parties need mediation to help them work out modifications caused by changed circumstances, the conference should be set right away when the changes are known.

How Much Does Family Mediation Cost?

The mediator's fee is based on an hourly rate that is shared between the parties. The rate reflects the training, experience and qualifications of the mediator and is usually comparable to the rate of experienced trial counsel in the family law specialty. Usually the mediation conference does not add to the cost of the divorce but rather creates an earlier settlement and saves the legal fees and costs required by extensive litigation, a trial and possibly an appeal.

The Mediation Conference:

The mediation conference will be held at the mediator's conference facility. The mediator will first explain how the mediation process works with both sides present. Each side usually appears with their attorney. The parties will know that that the primary purpose of the conference is to help the parties analyze their situation and negotiate an agreement that is OK with both sides. The mediator may not impose a settlement on them or make any decisions. The statements made in the mediation conference are confidential and may not be used against either side.

Both sides will have an opportunity to explain to the mediator and each other their view of the facts and what an appropriate settlement would cover. After the group discussion, the mediator may meet privately and confidentially with first one side then the other.

Proposals for resolution of each element of a complete agreement will be negotiated and agreed to in sequence. The agreement will be negotiated piece by piece until the parties, will the help of their attorneys and the mediator, have covered the necessary elements to form an agreement to regulate their future interaction.

The full agreement is usually generated at the conference. After careful reflection, it is usually signed and becomes the final agreement submitted to the Court for approval at the uncontested final hearing. In some cases the parties can agree only on some of the required elements. For instance, the parties may agree to the division of property and liabilities but leave the issue of alimony to be decided by the Court. That partial agreement is submitted to the Court and the judge than decides the other elements.

The mediation process will take at least several hours and it may be divided into several sessions to allow the parties to reflect on the progress and come up with the new ideas and perspectives to work out the agreement.