EDIATION is mandatory, so please read carefully!

WHAT IS IT? - HOW DOES IT WORK?

Mediation is a process where you and your attorney (and your spouse and attorney) sit down with a neutral third party, whose only job is to help parties communicate to try to reach a settlement of their OWN. A mediator cannot force you to settle and will not impose a solution on you, but will help you and your spouse try to find your own solution. Mediation starts with an initial opening session with everyone together. After opening statements, the mediator may separate the parties and their attorneys into separate rooms at any time during the process or you may stay in the same room all day. All Courts require mediation before a final trial, except in drug/alcohol, physical/emotional abuse or other extreme circumstances.

WHO DECIDES ON THE MEDIATOR, AND WHAT DO THEY CHARGE?

The attorney's will choose the mediator.  If they cannot agree, the Court will appoint a mediator. Mediators charge different fees, approximately $400.00 to $800.00 per party for a half-day mediation and $800.00 to $1200.00 per party for a full day mediation. Mediators require payment by cash, cashier's check or money order and they must be paid BEFORE the mediation begins. You are required to call the mediator directly regarding payment. Most mediators also require information so they are familiar with the issues in your case.  Your attorney will complete this, but feel free to fax us anything you wish the mediator to know.

WHAT IF WE REACH AN AGREEMENT? - WHAT IF WE DON'T?

If you reach an agreement, the mediator (or your attorney) will help write out the parameters of the settlement you have reached. All parties will sign the Mediated Settlement Agreement that day. Then, one of the attorneys will be responsible for drafting the final version of that agreement for the parties to sign and file with the Court. A signed Mediated Settlement Agreement is IRREVOCABLE. The agreement is binding and cannot be changed after signing. So, please read the agreement carefully before signing, because you cannot withdraw the agreement and no provisions can be renegotiated.

In the unfortunate event your case is not settled, you will need to be present at the trial setting. Please call our office to confirm the date, time and location. Your case most likely will not be heard by the Judge on the day scheduled. Your case is on a two week trial docket and may be called at any time during that two week period . There is a high likelihood your case will not be reached on the first trial setting. There are approximately thirty other cases set for that same day. The oldest cases will be heard first. If the Court does not have time to hear your case, it will be reset in approximately 6 to 12 weeks. We have no control over the Court or when your case will be heard. It is just as frustrating for us as it is for you. Please understand we will do everything in our power to resolve your case as quickly as possible. If mediation is unsuccessful, please do not give up on trying to settle your case. We encourage you to keep thinking of ways to resolve your case, short of a trial.