Questions about Mediation
How long will the mediation take?
Mediations can take several hours or several meetings depending on the scope of matters to be addressed. A typical meditation session lasts two hours. If parties need additional time an additional session can be scheduled or time extended as parties agree. For divorce mediation, a half-day can be booked, which is four hours.
The mediator will help outline the agenda and facilitate conversation between parties to address all pertinent issues.
Will I be in the same room/zoom room as the other party?
Parties may be together for some, all or none of the mediation process depending on the circumstances of the mediation and comfort level of parties involved. It can be beneficial and efficient to discuss matters together and have options and openings to separate at times to discuss a particular issue. Parties may determine their preferences with the mediator prior to the mediation session. Situations involving domestic violence require careful consideration for what is in the best interests of the parties involved.
Do I need to sign anything at mediation?
The only document you will be asked to sign either at mediation or prior to the mediation session will be the mediators Agreement to Mediate. It outlines your willingness to participate in the mediation, to maintain the confidentiality of the mediation and to pay the mediator fee.
The mediator does not require you to sign any other documents or paperwork but if you wish to do so with the presence or advice of legal counsel that is entirely up to you.
What if I don’t like mediation while I am there?
Participation in mediation, even if you ‘ve agreed to attend, is voluntary, so at any moment if the process is not working for you, there is no obligation to stay or agree to anything.
Do I need to do anything in advance?
When preparing for mediation, it is helpful to think in advance of what exactly you are hoping to address, what outcomes you’d like to see and what margins you have (if any) for compromise. In mediation, you’ll be able to express what outcomes you want and make proposals that are self-determined and right for you.
Do I have to agree to anything in mediation?
The process allows parties to come to a mutually understandable arrangement for moving forward and any agreement is arrived at by parties and agreed to by each party. You do not have to agree to anything you do not wish to.
Are the fees negotiable?
HGT Mediation wishes to provide mediation services for as many people as possible so a sliding scale for fees determined by income is always a possibility. When inquiring please make your need for an adjustment known and fees can be determined prior to the first mediation session.
Do I need an attorney for mediation (particularly for divorce mediation)?
You do not need an attorney to participate in mediation, though the presence of attorneys is welcome. If you do have an attorney, having them attend or be available to consult can be valuable for answering legal questions and in helping to inform your agreement.
If you choose not to have legal representation it is advisable to have an attorney review the Memorandum of Understanding before parties establish or finalize any legal documentation.