Mediation FAQS

(Got a question?  Send it to us via the Contact page and we will answer it, and may even add it to these FAQs.)

Whose side is the mediator on?

The mediator is a neutral party.  He/she is not to “take sides.”

So, what does the mediator do?

The role of an impartial mediator is to help both parties identify and clarify issues, create options for resolution, ensure that both party’s views and concerns are heard and that both parties listen to the other’s views and concerns, to give a “reality check” when needed, and to assist the parties to arrive at a final written agreement based upon the mutually agreed upon resolution.

What if I don’t feel like the mediator is really being neutral?

Either party has the right to end the mediation at any time, without penalty, except that there will not be a resolution agreement.

What if I have questions for the mediator that I don’t want the other party to hear?

Either party may request a “caucus.”  A caucus is when one side meets with the mediator in private.  Nothing said or done in a caucus may be shared with the other party unless you give the mediator permission to do so.  The mediator may also request a caucus if he/she feels a need to meet with one side in private.

Can what is done or said in mediation be brought up later?

No.  What happens in mediation stays in the mediation.  Mediation is confidential.  The only thing that comes out of the mediation is a copy of the signed resolution agreement, or the signed “we could not agree-ment” if no agreement is reached.

Is mediation just making a “compromise?”

No. Unlike compromise, mediation offers a structure to help people find win/win solutions.

How long does mediation take?

That depends on the parties involved.  The more open to alternative resolutions the participants are, the more quickly agreement may be achieved.  A mediated agreement may be reached in one session; however, it may take more than one session to reach agreement.

How much does mediation cost?

That varies depending upon the mediator, but in almost any case, it is far less expensive than paying a lawyer and going to court!

Many mediators offer Reduced Fee mediation, some refer to it as “sliding scale” mediation based upon your ability to pay.  Some mediators offer pro bono mediation which is mediation without charge.

Agreeability offers full fee, reduced fee, and pro bono mediation services. In addition, Agreeability offers something you may not find any other mediator offering…after hours and weekend mediation. This service allows you to mediate on your time, and not have to take time off from work.

Where will the mediation be held?

It is important that the location of the mediation is someplace where both parties feel equally at ease, and neither party feels threatened or coerced.

We do not have an “office”, so mediation that we conduct may be held at any mutually agreeable place.  A lawyer’s office conference room (this could even be a lawyer that is not connected to either of the parties), a conference room in a courthouse, a conference room at a public library, a meeting room at a work place, a meeting room at a restaurant, a meeting room at a church…get the idea?  Just as long as the parties are comfortable, we can mediate.  We are even open to the possibility of video-conference and teleconference mediation, but to be honest, we haven’t conducted one that way…yet.

Basically, if you do not have a place, we will find one.

Can attorneys attend mediation?

Sure, but the important thing to remember is that the two parties are doing the talking and making the decisions.  Attorneys are there in the role of advisor and supporter and confidant; if they start behaving like attorneys, then that will defeat the whole purpose of the mediation.  If you need to talk with your attorney, or if they desire to talk to you, that is a perfect time to ask for a caucus.

Mediation is all about YOU.  Attorneys earn their money fighting for you in court.  Mediation is NOT about fighting, it is about RESOLVING conflict.

What if, after a period of time, I am not happy with the mediated agreement, or the other party is not abiding by the mediated agreement?

Simple, go back to mediation again.  You can mediate to “tweak” a previous agreement you are not happy with or to revise an agreement that the other party is not respecting.

Either way, mediation is quicker than going to court, cheaper than going to court, less adversarial than going to court…once this is explained to the other party, they may be more amenable to mediate an issue than to have you take them to court, or back to court.