Frequently Asked Questions:
Q: Is the mediator a lawyer who can tell us our legal position on matters in our
case?
A: The mediator is trained to resolve disputes and equally serve you both. The
mediator is not a lawyer, nor can the mediator apply the law to your individual situations.
By nature giving legal advice to one side breaks the neutrality of the mediation as it
cannot be guaranteed that equally powerfull legal advice can be given to the other party
to keep it even.
Q: How much will mediation cost us?
A: The Hourly Fee is $150 per hour. The mediator charges no fee during your initial half hour consultation. In an effort to
make Mediation affordable to everyone who needs it, Family Synergy Mediation's fee is
split between the parties. The mediator works for both of you. This makes Mediation
more affordable than you might think.
Family Synergy Mediation does not charge a retainer so you only pay for the time you
schedule with the mediator.
Q: If I agree in mediation that I would be willing to give up the house and we later
go to court can my statement be used against me and cost me the house?
A: The short answer is no. During Mediation many possible alternatives will be
discussed and none are binding until you both agree and have the documents drafted in
a legally binding document and filed with the
court.
Q: Everything discussed in mediation is
completely confidential then?
A: Everything is confidential in that the
mediator cannot share the substance of
Mediation with anyone else. Of course if
anyone suggests they are going to hurt
themselves, others or break the law the
mediator is required by law to alert the
authorities.
Q: If we start mediation and then wish to quit have I lost any of my legal rights?
A: No. Either party can terminate Mediation at any time. It is completely voluntary. When
Mediation is terminated neither party has surrendered any legal rights by starting
Mediation. Either party is free to drop the dispute, or escalate to litigation at any time
without compromising any of their rights.
Q: I believe mediation can help, but my spouse still wishes to go to court. Can
mediation still help me somehow?
A: Mediation is strictly voluntary and both sides have to participate of their own free will.
Because we are working together to find win/win solutions the process will not work if
either side doesn’t engage fully in the process.
Sometimes, however, individuals have a false perception that their best interests are
served by litigating. In some cases this is true. For example, if the other disputant is
completely unreasonable and cannot be negotiated with, the court is in a better position
to examine the case and impose a solution whether the parties agree with it or not.
Usually, it is in both parties best interest to find a win/win
agreement as they can spend the time coming to a
creative agreement that the courts don’t have the time to
accommodate.
Q: I just have a few questions. Can I call the mediator anonymously and ask?
A: Of course. Call (303) 725-1007 and speak with the mediator to address any of your questions at no charge.
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Q: Do we still need lawyers if use mediation?
A: You are both encouraged to seek legal counsel to make sure your rights are legally
protected. Mediation is a process of reaching agreement on the issues. Legal counsel is
useful to make sure that language of agreement is memorialized properly in the legally
binding documents. At the conclusion of Mediation all agreements will be documented in
a Memorandum of Understanding that each can take to their respective attorneys for
review.
Q: How can I be sure my spouse will provide complete and accurate information
during mediation such as on our marital assets?
A: Mediation relies on full disclosure from both sides. It is not a matter of IF a party will
divulge information but HOW. It can be done voluntarily during Mediation or by the order
of the court. Not sharing information is NOT an option either in Mediation or in court. The
party who attempts to hide assets or other information during Mediation will be treated the
same by the courts as anyone else who falsifies information provided to the court. Not good.
Q: I have not usually handled the money. Will I
be at a disadvantage during the mediation when
we negotiate the division of our marital assets?
A: No. The mediator will work to ensure that BOTH
sides have the complete and same information to
make fair decisions. For example, if one spouse has
an expensive collection that they claim on the net
worth worksheets as having a low value the
mediator may order a professional and independent
appraisal be completed of the collection to
determine their fair value. This way both will know
the fair value of the collection when negotiating the
division of assets.
Q: How successful is mediation?
A: Generally Mediation results in satisfactory
agreement 75-90% of the time. Of course the
circumstances of the conflict vary the results. For example court-referred cases can
have a different success rate than cases initiated by the spouses themselves. To make
matters more confusing a final written agreement does not always have to result for
disputants to consider Mediation successful. Some work through the framing of the
issues and take their disagreement back into their hands to work it out, grateful for
Mediation for helping frame the underlying issues for them to solve.
Q: Is the agreement reached in mediation more durable than agreements imposed
by the courts?
A: Typically, yes. Mediated settlements are shown to last longer than court ordered
settlements and require fewer modifications in court. Mediated agreements are three
times less likely to be taken back to court. Because Mediated agreements represent
what is acceptable to both sides the agreement tends to meet the needs of the parties
and no revision is needed in court. Also Mediated agreements are usually morecomprehensive and creative and are tailored to the needs of the disputants. This is
reflected in a surveyed satisfaction rate that is higher by 30% over court ordered
settlements. Also, litigants pay on average 133% more than their Mediation
counterparts.
Q: My spouse and I aren’t sure if we are ready to get
divorced, can mediation help us determine how we
should proceed with our marriage?
A: Mediation is a process to reach agreement and move
forward after you have decided to end your marriage.
Emotional issues and issues about the past are best left to
emotional specialists like Therapists and Psychologists.
They are better equipped to assist you both in saving your
marriage or deciding if you should move ahead with a
divorce.
The mediator will only focus on the substance of the divorce and how to reach
agreement so both sides can move forward.
Still have questions?
You can call the Mediator at (303) 725-1007 for no charge.
You can download the free Divorce Mediation Info Guide and share with your spouse. |
