Frequently Asked Questions
FAQ
If my mediation is court ordered for a divorce will this mediation satisfy my obligation?
It depends. If you are ordered to complete mediation as part of a dissolution each state has different rules. Some jurisdictions have a specific list of pre-approved mediators. We are pre-approved to complete mediations in Iowa and Illinois. Please call or email for more information.
What if I don’t want be in the same room or see the other party during the mediation?
Participants often do not want to be in the same room or see the opposing party during the mediation. Caucus style mediation will be utilized in those situations. Caucus style mediation allows the mediator to transition between rooms to assist in a resolution without the parties having direct contact.
Will I receive a written document containing the terms of the agreement reached during the mediation?
It depends. If the mediation does not result in any resolution or agreement, the parties will be provided only with certification that mediation was completed. If the parties are represented by legal counsel, the attorneys typically reduce the agreement to writing. If the parties reach an agreement and they are unrepresented, the mediator will provide documentation of the agreement(s) reached.
May I have my attorney join me during the mediation?
Yes, we encourage the parties to appear with legal counsel if that would make them more comfortable with the process. However, legal counsel is not required. The mediation process is designed to reach a resolution on terms both sides are willing to accept. You will never be forced into a decision without your consent whether you appear with or without legal representation.
What if my mediation is not completed within the time period scheduled?
It depends. If you have paid for a mediation package with a fixed time and the issues are not resolved within that time period the mediator may agree to extend the session without additional payment. More likely the mediator may reschedule a new session for an additional but reduced cost.
What if the other party doesn’t honor our agreement after the mediation?
It depends. If the other party doesn’t keep their end of the bargain you may have several legal recourses. Often, the agreement reached during mediation will set forth a clause that dictates penalties for breaching the agreement. You should seek legal advice from a licensed attorney in your jurisdiction if this should occur.