Q: How long does mediation take?

A: The complexity of the issues involved and the willingness of the parties to reach a compromise will determine the length of a mediation session. Some issues are resolved in one session. Personal injury, real estate and business related mediations are often scheduled for a single session. Others issues (especially financial issues related to divorce) may require multiple shorter sessions due to time needed between session to locate information, seek outside legal opinions, or involve interested parties that are not present at the session. The mediator will have a better sense after the initial meeting as to the length of time a mediation will require.

Q: What happens at the mediation session?

A:  During a mediation, their are two types of meetings that are likely to occur. There will be joint sessions, where everyone is present. These meetings allow the mediator to hear the position, interests, and basic concerns of each side. While people are often afraid to sit in the room together, they later learn that hearing the other side of the story in a neutral environment is very educational and informational. It is the mediator’s job to ensure joint sessions are conducted in a fair, safe, and courteous environment.

The second type of meeting that may occur is called a caucus. These are individual meetings between one party and the mediator which provide each party with an opportunity to discuss matters with the mediator that they may wish to keep confidential.

In mediations, both types of meetings will occur at the direction of the mediator based on the parties needs.

Q: Do I need an attorney?

A: An attorney is not required for a party to participate in mediation; however, many parties prefer the advice of personal counsel during the process. It’s important to remember that the mediator does NOT represent the interest of either party. Meanwhile, some parties, such as couples who prefer an amicable divorce, participate fully in mediation without individual counsel. 

Q: What if the other party doesn't want to mediate?

A: Mediation works best when both parties want to participate instead of litigate. We often find that parties who don’t want to mediate are either unaware of the benefits of mediation, or are simply nervous about coming to the table and confronting the issue at hand. You may aid in the process by pointing them towards this website and others that explain the process (see our useful mediation links). PROVENCE MESSERVY will also contact the other party on your behalf to ascertain their interest in mediation. There is a one time fee of $50 for this communication. The fee will be applied towards mediation expenses should the other party agree to the process.

Q: What if we don't reach an agreement?

A: While we hope the parties will reach an agreement, it doesn’t always happen. If an agreement on some issues is reached, parties can take that agreement to court as a starting ground during litigation. If no agreement is reached, the parties are in the same (or better) position than they were prior to the mediation. All conversations that occur during mediation are confidential and con not be used in court.

Q: What should I know about a Mediator before choosing one?

A: Often a mediator will be appointed to your case by the court. If, however, you have the luxury of choosing your own mediator, you should research their background just as you would when you hire any other type of professional. You may wish to speak with multiple mediators to get a feel for their style and approach to the process or ask your attorney, family or friends for recommendations. In addition, always ask questions about the following:

1) What is their training, experience and background? Are they certified or licensed by the state?

2) Do they have experience or knowledge in mediating the type of issues you have?

3) What types of fees do they charge and how fees are divided among the parties to the mediation?

Q: What are the advantages of Mediation over Litigation?

A: Every case is different, but mediation can provide some, or all, of the following benefits:

Reduced legal costs, a more timely resolution, increased privacy of issues, avoiding the fear and uncertainty of going to court, more control over the outcome, opportunity to salvage personal relationships and improved outcomes for interested parties (such as the children whose parents are getting divorced).