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Frequently Asked Questions About Mediation
Will I be penalized in court if I don’t try mediation? Must I do this?
No. Mediation is entirely voluntary. You are free to withdraw from or suspend the mediation process at any time, and for any reason.
Who will find out what I tell you? What if something I say gets used against me in court?
Mediation is strictly confidential. Discussions that occur during mediation and all draft documents created during mediation are not admissible in any court of law or other contested proceeding. As part of the mediation agreement, both parties agree to not have me testify or produce records in court regarding the mediation. The only document that may be used in court would be the Final Agreement that was negotiated in mediation, after it has been signed by both parties.
Mediation is designed to help both parties negotiate with each other and consider the risks and advantages of each option. This will usually be done together. At times I may meet separately with each of you to better understand the issues and each person’s perspective; however, this will only happen with everyone’s agreement.
How long will the process take?
The number of sessions will vary dependent upon the number of issues in dispute, the complexity of the issues, and the degree of stress impinging upon each person’s ability to problem solve and reach an agreement.
What happens if we cannot come to an agreement?
You are free to end or suspend mediation at any time, for any reason. In most cases mediation can resolve the issues at hand, but you are free to turn to other methods of resolving your dispute, such as the use of an attorney and/or litigation, at any time.
How enforceable is the mediated settlement?
A mediated settlement is NOT legally enforceable and is not binding. While mediation can lead to settlement, it is not a substitute for the legal process. Your final agreement must be written into a document for the court and reviewed and accepted by the court in order to have something that is legally binding and enforceable.