Mediation is becoming one of the most popular means of working out disputes ahead of divorce or other family disputes. It provides a more efficient and cost-effective alternative to litigation and can help you start a new chapter in life. While avoiding many of the drawbacks and expenses of traditional legal proceedings. Here are some of the most common questions I am asked, which may help you determine if mediation without litigation is right for you.
Is it faster than litigation?
Usually, it is if the parties can resolve the issues at mediation. The typical divorce will require legal filings, mandatory disclosures, motions, depositions, and other discovery before the parties are ordered to mediation. However, our program is designed to be non-adversarial. Meaning, the parties work through the issues in an atmosphere seeking resolution and conflict avoidance. So, even if multiple mediation sessions are required, the finished product is agreed upon by the parties. So, by the time the documents are filed with the court, judges take on a more administrative role, such as reducing the marital settlement agreement and parenting plan to a judicial order. And that generally saves a lot of time and money when compared to the traditional litigation process.
Do I need a lawyer to participate in mediation?
While having legal representation is usually advised, not everyone can afford a lawyer. Appearing in mediation on your own, known as pro se, does not preclude you from participating. Lawyers are advocates, and they seek to obtain the best results for their clients. However, no one knows your case better than you. Mediation allows you to maintain self-determination, which is just another way of saying, doing what is best for yourself. If what is being proposed doesn’t work for you, you do not have to accept the deal. While a mediator cannot give you legal advice. The mediator or even talking with the other party, can help you understand issues from different perspectives, and ultimately help you arrive at the best decision for your future.
Is mediation cheaper than litigation?
Usually, it is because the mediation is split between the parties. When attorneys are involved, each side pays for its own attorney, except where a judge awards attorneys’ fees. However, a mediation session (typically 3 – 4 hours) is split by the parties. So, for every four hours of mediation, you are actually only paying for two.
Can what I say in mediation be used against me in court?
Except where required by law, typically for child or elderly abuse issues, all communications are confidential and cannot be discussed by either side or even the mediator in court. If there is something private you want to discuss with the mediator, you will have that opportunity in what is known as a caucus room. Most mediators will verify what they can and cannot share with the other side. Mediation works best when the parties can be open, truthful, and transparent. So, while you will be encouraged to share and discuss the issues, you also have the opportunity to discuss matters privately.
Do I have to leave work for mediation?
While most mediations will occur during normal business hours, VRC Mediation and Consulting offers after-hours, either in the evening or on weekends, at the same cost as regular mediations. We know it’s difficult to manage work, family, and a divorce, so we want to be flexible so you can address your needs on your own time.
Additionally, most of our mediations are conducted virtually. So, you can participate from the comfort and privacy of your home or office. We set up the mediation, so you can still speak with the mediator in private but have the ability to engage with the other party if that helps to resolve the dispute.
How do I get started?
To schedule your mediation session, visit our website at mediationvet.com or schedule, click below:
