What is mediation?
Mediation is an informal way for you and your spouse to attempt a resolution of your divorce. It is generally required unless you can resolve all issues in your case. The way it works is that you, your spouse and your respective attorneys (if you have them) meet with a neutral third person (the mediator) who is trained to help you reach an agreement of all of the contested issues in your case.
Mediations don't always resolve cases – but the court requires that you attempt mediation. As long as you attempt mediation in good faith, nothing you say can later be used against you by your spouse, his or her attorney, or the mediator.
Is mediation really necessary?
Usually, yes. Mediation is required for all divorce in which the parties fail to agree on all issues – unless the Court allows the parties to waive mediation. It is difficult to have a motion heard or a final trial without first having gone to mediation to try to settle the case.
What powers does a mediator have?
A mediator is not a judge and can't force you to settle your case. The mediator can make rulings or have formal hearings. This is simply an informal meeting that is often conducted in a spare room at the court house. It is not done in the courtroom.
The mediator's job to help reach an agreement, but the mediator can't decide your case. Only the parties can decide to settle a case.
If the parties settle the case, the mediator will often draft up a hand-written agreement and ask the parties to sign it. Other than to report that the parties mediated in good faith, the mediator is not allowed to discuss the mediation with anyone. Again, in order to have a frank discussion of the issues, nothing said at mediation to settle the case by the parties can be used in any way later in court.
Does mediation cost money?
Yes. The fee just went from $120 to $160. The fee is usually divided equally between the parties, unless the court orders otherwise. The parties can ask the court later to make one side responsible for the entire mediation fee. The mediation fee must be paid to the clerk of court before the clerk will schedule mediation.
How long does mediation take?
Mediation is usually scheduled for ½ day. If you're unable to resolve everything in one mediation session, the fee covers a second mediation. If you want to try mediation again, you'll have to pay an additional $160.

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Posted by: Cathy Chestler | October 10, 2009 at 02:46 PM
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