What case will you not mediate?

by Admin on April 29, 2013

We will not mediate cases where there are allegations of domestic violence, or in which we believe either party is not competent to participate in the process.

No, unless both parties consent and there is a compelling reason to do so.

Do you allow individual attorneys to attend mediation sessions or advise participants between sessions?

April 29, 2013

Yes, if both parties agree that both their attorney’s be present at a mediation session. We do not allow only one party to have their attorney present in our mediation sessions if both parties are represented by counsel. Each party has a right to be represented by an attorney who may provide advice to their [...]

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Do you ever meet separately with individual participants (private caucus.)

April 29, 2013

Yes, this is at the mediator’s discretion. There may be times when the mediator believes that caucusing separately may benefit the process.

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Will you testify in court or represent one party against the other?

April 29, 2013

No. There is no guarantee, however, that a court will not require, in certain circumstances, a mediator to testify in court. However it is not our policy to do so and we will not do so unless ordered to do so by a court.

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Are mediation sessions impartial?

April 29, 2013

Yes. Our mediators strive against forming any bias in favor of any party or position in the process.

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Are the mediation sessions confidential?

April 29, 2013

(Will you disclose information to third parties? Will you testify in court?) At Divorce 101 we require the parties to enter into an Agreement that neither party will call the mediator to testify in court, and confirm that discussions between the parties and mediator are in the form of settlement discussions and confidential.

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Does the mediator tell us what to do?

April 29, 2013

No. Unlike a judge our mediators will not tell the parties involved what they should do but can certainly recommend various options.

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What happens during a mediation session?

April 29, 2013

Initially, the mediator will seek to gather relevant background information. The mediator will then seek to identify the issues that need to be resolved. Following this, the mediator will work with the parties to obtain consensus.

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How many mediation sessions does it take to mediate a settlement?

April 29, 2013

Every situation is different. Some mediations can lead to a Memorandum of Understanding after just one or two sessions, while others are more complicated, and may require numerous sessions.

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