Part I: Mediation 101

What is mediation?
Mediation is an alternate dispute resolution process in which a third-party neutral mediator helps the parties brainstorm solutions to their disputes, facilitates settlement discussions and negotiations between parties, and assists the parties in resolving their disputes fully in the mediation setting.

Is a mediator a decisionmaker?
No, the mediator cannot make decisions for the parties or force a settlement on the parties. It is up to the parties to voluntarily agree to any resolution that they reach in mediation. A mediator’s job is to remain impartial and neutral throughout the mediation process.

Is mediation confidential?
Mediation is a confidential process and settlement offers or negotiations discussed during mediation cannot be used or discussed in court after the mediation session.

What can you expect in mediation?
Typically, mediation starts in a “joint session” where both parties and their lawyers (if they are represented) listen to the mediator explain the ground rules for mediation. Then, each party and their respective lawyer go to their own separate rooms. The mediator shuttles back and forth between each party’s room, carrying each party’s communication to the other party in neutral, non-adversarial language, helping each party understand the other’s position and perspective, making suggestions for potential resolutions, and encouraging the parties to settle.

How long does mediation last?
Typically, one full day of mediation (7-8 hours) is required to settle a family law case that involves the division of marital assets/debts, child custody, child support, and potentially alimony. Sometimes, half a day of mediation may only be necessary if everyone comes prepared to compromise and extend settlement offers. If more than one day is needed, follow-up mediation session(s) can be scheduled.

How do you prepare for mediation?

1. Exchange relevant financial documents. Exchange all financial documents necessary well before your mediation date. You and your attorney will review the financial documents prior to mediation and conduct an analysis regarding how to divide the marital estate equitably.
   
2. Attempt to settle before your mediation date. Make an initial settlement offer prior to mediation and give the other party ample time to respond. You might be surprised and be able to settle before mediation! If you cannot come to a complete agreement before mediation, but you can agree on some issues, you can limit the issues upon which you disagree and proceed to mediation to resolve only the remaining disputes. If you can agree on some major issues, you could save time and money on the mediator’s fees and your attorney fees.
   
3. Draft settlement documents before mediation. If you are motivated to settle and want to sign an agreement at the end of your mediation date, be sure that your attorney (or your spouse’s attorney) has drafted settlement documents in anticipation of settlement. Those documents can be tweaked and edited during the day at mediation so they can be signed at the end of the day if everyone is in agreement. You can also wait a few days after mediation to ensure the documents are exactly right before you sign.
   

Who pays for mediation? How much does it cost?
The parties pay the mediator’s fees, which is normally an hourly rate (although can sometimes be a flat fee, depending on the mediator’s fee structure). Typical hourly rates for mediators are between $250-$450 per hour. You and your spouse equally divide the mediator’s fees at the end of your session. Payment is due to the mediator at the end of your session.

Please reach out to our office if you need legal representation during mediation or if you need a mediator in North or South Carolina. Lindsey is a certified mediator in both states. Click the button below to schedule a consultation. Stay tuned for next week's blog post where we will provide tips for how to have a successful mediation.
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