Justice for All, LLC

Mediation FAQs:

• Question: How can mediation be real if it does not take place in court?

• Answer: Mediation is real, it works, and it can be a legitimate legal alternative to litigation. This is a common misconception that many people have. In a divorce or business mediation, we take you through 99.9% of a divorce or dispute to reach a settlement agreement. Once a settlement agreement is drafted, it should be reviewed by lawyers and taken to court and entered into official record so it then becomes a legally-binding contract. That’s the final and most important step in successful mediation. Rather than pay attorney retainer and hourly fees to handle everything from start to finish, you save time and money and grief by letting the mediator take you all the way through the process so that you do not need to engage the services of a lawyer until the very end, and even then, it is not completely necessary.

• Question: I’ve never heard of mediation before. Is it a good idea for divorce? Are others using it?

• Answer: Here’s an answer to this question from Judge Lynn Toler, of the international hit television series “Divorce Court.” Click here.

• Question: You don’t know my wife/husband. They’ll never go along with this. What about that?
  

  “Unless both sides win, no agreement can be permanent.” President Jimmy Carter

• Answer: I’ve heard that in almost every mediation I’ve been involved in. In the majority of cases, there may be a little “drama” and some letting off of steam, but we reach a settlement agreement within 2-4 hours almost every time. While it is true that parties determined to make someone else “pay” for a perceived wrong will not be able to get the vengeance they may crave in mediation, it’s unlikely they will get that satisfaction in court, either, since the judge determines verdicts, not either party. Actually, in mediation, both sides have more input, and more room for negotiation, than they do in court.

• Question: What if the other side does not keep their end of the agreement?

• Answer: In most settlement agreements, there is a “default clause” that addresses these concerns and explains procedures and options.

• Question: How does the process get started?

• Answer: Anyone can request mediation by contacting me via the e-mail form on the Contact page or with a direct phone call (which is on that same page). Once contact is initiated, I will establish communication with both parties involved by phone, e-mail, or postal mail. The mediation is begun usually within 7-14 days after a request has been received. This depends on the schedules of parties involved. A mediation can last anywhere from 2 hours to several weeks, depending on the issues at hand, their complexity, and schedules involved.

• Question: Is mediation as expensive as litigation?
• Answer: No. Mediation typically is much more affordable than litigation and should not have any fees you are not told about in plain and clear language, fees that should be agreed upon after an initial consultation. Since mediators are not always lawyers, (although many are), they do not charge the same fees that many lawyers charge. Fees can vary widely depending on who you talk to, schedules, expectations of the parties, number of people involved, and the complexity of your issue. Also, since both parties almost always split fees, no one pays an excessive amount.

• Question: I don’t know if I can trust the other party. What do I do?

• Answer: It’s important you know that mediation is confidential. In individual meetings, called caucuses, the mediator is not at liberty to reveal what’s been discussed with the other party unless that person gives express permission to bring it up. Everything discussed in group or conference mediations is also strictly confidential. The mediator doesn’t discuss the arrangement or issues with anyone else unless both parties give clear permission to do so. By the same token, a mediator cannot be subpoenaed to appear in court, because the matter is confidential.

• Question: Where can I read more questions and answers? Are there any questions that go more in-depth?

• Answer: Check out this website.

• Question: Do you have a video or commercial yet to advertise your services or explain to the public just what it is that you do or what mediation is?

• Answer: Yes. Glad you asked. Please let me know what you think of it or if you have suggestions or questions. Here are links to our two videos on YouTube:

1. Number One
2. Number Two

Let us know what you think and which video is your favorite!

Do you have questions about mediation? Send them in using the Contact page today!