What is Mediation?

Mediation is the opportunity for people to conduct their own settlement negotiations in the presence of someone who is trained to help them stay focused on resolving the conflict. An attorney-mediator can also draft documents to be filed with the court.

 

 

Can mediation work if we aren't talking to each other?

Separating or separated couples often feel stuck in a cycle of conflict before they start mediation. They may have tried counseling or negotiating directly between themselves. Even if these approaches haven’t worked, mediation can still be successful. The presence of a neutral and impartial third party creates a dynamic that helps achieve a level of communication with the other party that you would most likely not be able to reach on your own.

 

 

Why choose mediation?

Mediation is usually less expensive than litigation, but it also provides more control over the outcome and less stress and animosity. People who resolve their cases by mediation generally have a more amicable resolution in a more private environment. The solutions can be more creative and tailored to the needs of the parties. Studies also suggest that the effects of divorce on children are less severe when their parents can reach an agreement without a trial.

 

 

Why choose Carrie Andersen as a mediator?

Carrie Andersen has more than a decade of litigation experience. She has expertise in negotiating parenting plans that focus on the needs of children and practical financial agreements that take into account tax consequences and other after overlooked issues. She will work with you to achieve an outcome without a trial and with the least amount of bitterness and animosity possible. In family law cases, this can lead to an atmosphere where you can cooperatively parent your children into their adulthood.

 

 

What if we can't mediate?

If you know mediation is not for you, you can retain Carrie Andersen to represent you. Carrie is an active litigator, representing parties in all types of family law litigation. She negotiates and litigates, and she is available to review agreements you may have mediated elsewhere. Once you start mediating with Carrie Andersen as your mediator and then are unable to continue, you will be unable to retain her as your attorney because she cannot switch from being a neutral mediator to an advocate for one party against the other.

 

 

How long will the mediation take?

It is hard to predict with precision how long a mediation will take. These issues depend primarily on how agreeable the participants are.  Generally, for divorce matters, the issues are resolved in 2 to 4 sessions with most sessions lasting 3 to 4 hours.

 

 

How much will the mediation cost?

It is hard to predict with precision how much mediation will cost. These issues depend primarily on how agreeable the participants are.  Generally, costs are approximately $100 per hour for each party involved ($200 Total) and most mediations are completed in 4 to 12 hours. 

 

 

What if we already agree on lots of issues?

Fantastic! The first thing that we want to do in mediation is to identify what you already agree on. Often those points of agreement can serve as a foundation for your overall agreement. Principals underlying agreements, on certain “easy” issues, can often be applied to resolve other issues. We will want to be sure that your agreement is well-informed and that you are aware of the many issues that you may want to consider. What is included in your agreement is up to you. Our goal is to support your well-informed decision-making.

 

 

What are our chances for success?

The success rate depends on the motivation of the parties to reach an agreement.

 

 

What if we don't reach an agreement?

In mediation, all discussions and materials, with very few listed exceptions, are confidential. If no mediated agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolution will not be admissible in court or any other adversarial proceeding.

 

 

Who pays for mediation?

Responsibility for mediation fees is an issue to be decided by mediation participants. Participants are encouraged to consider sharing fees to some extent so all will benefit from an expeditious and economic resolution.

 

 

What about our own attorneys?

As a mediator and attorney myself, I am ethically bound to advise you to have any mediated stipulated Judgment reviewed by individual legal counsel prior to your signing that agreement. In practice, I have found that it works best for mediating parties to obtain individual legal advice throughout the mediation process. This legal advice may be best obtained early in the mediation, by having legal counsel review a near-final draft agreement, and by having counsel review the final agreement. This level of consultation will dramatically elevate your comfort and confidence in the final agreement.

 

 

What about utilizing experts?

It may make sense, in a particular case, for mediation participants to retain mutually trusted experts. For example, participants may desire a valuation of real property, personal property, or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant, appraiser, or tax expert. Mediation participants with parenting concerns may find it beneficial to obtain the thoughts and recommendations of a child psychologist. Mediation participants may choose to jointly retain an impartial advisory attorney who, based upon an agreed-upon set of facts, may render an advisory non-binding opinion on how a court might resolve the identified issues. Typically this technique is used when the parties reach an impasse on a difficult issue.

 

 

What else can I do to prepare?

Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to his or her desired outcomes and perceived standards of fairness. Stated otherwise, “What do you want?” and “How will you know that it is alright to agree?”

 

 

Can you draft the legal documents?

Yes. As attorneys and mediators, our office can draft a legally binding settlement agreement and/or a Stipulated Judgment and have the documents filed with the Court. Having the documents drafted by the mediator is generally less expensive and contentious than having them drafted by an attorney representing one of the parties. Though, as stated above, having your own attorney review documents is recommended.