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Mediation FAQs

What do Separation Agreements Cover?

What issues can we cover in a Separation Agreement? You can address all issues arising from your marriage and separation except you cannot contract about getting an absolute divorce. You can agree on child custody and visitation, child support, alimony, the division of all your marital assets and debts from...

Is Mediation Negotiation Admissible?

If my case goes to trial, will the Judge hear about what we discussed at the mediation? No. The negotiations that occur as part of a mediation are confidential and cannot be disclosed at trial to a Judge or jury. Neither party may subpoena the mediator and require the mediator’s...

What if Mediation doesn’t work?

What if my case is not resolved through mediation? If you are not successful at mediation, you and the other party, and/or your attorneys can continue to negotiate. If negotiations continue to be unsuccessful in bringing about a resolution, parties may still pursue arbitration or litigation.

What if My Spouse Won’t Negotiate?

Can one spouse quit during the mediation? Mediation is a voluntary process. There is nothing about mediation that requires a definitive resolution. This can be beneficial in allowing parties to resolve only the issues that they want at a pace that is appropriate for their situation. However, if matters remain...

Consulting Your Attorney During Mediation

Will I have an opportunity to speak privately with my attorney during mediation? Yes, if at any point during the process you wish to speak privately with your attorney, you may ask the mediator to step out of the room while you speak.

Is Mediation Binding?

If we reach a decision during mediation, is it binding? Yes. An agreement reached during a mediation can be made into a Court Order, enforceable like any other Court Order. An Order reached through mediation is also subject to the same standards as a Court Order for any future modifications.

Is an Attorney Required for Mediation?

Do I need to have an attorney for mediation? You are by no means required to have an attorney present for a mediation, but some people find them to be helpful, particularly if you are already involved in litigation. The process is slightly different depending on whether clients are or...

What Can Be Resolved Through Mediation?

What sort of issues can be resolved through mediation? There are many types of mediation that can be used to resolve almost any sort of civil issue. Family Financial Settlement mediators are trained to work with all issues of family law to resolve issues of child and spousal support, custody,...

What is arbitration?

Arbitration is another way to resolve a dispute that does not involve a Judge. Both sides present their case to a neutral third-party, who makes a legally binding judgment in the matter. Arbitration can be more costly and time-consuming than mediation, because your attorney actually has to prepare your case...

What is mediation?

Mediation is a method of alternative dispute resolution that encourages parties to resolve issues in a non-adversarial way with the help of a trained, neutral mediator. Mediation may be with or without the participation of attorneys, depending on the preference of the parties, and the stage in the process at...