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 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.

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...

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.

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.

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...