What are the costs?
The costs for mediation include a $80 administrative fee and the
mediator’s fee ranging from $70 to $250 per hour. These fees are split
between the parties. You should plan on a three-hour session and be
prepared to pay your share of the costs. Assuming a split fee, your cost range
is $165 - 400.
If you are from low or no income circumstances, you may be eligible
for reduced-rate or pro bono mediation. Those represented by a Legal Aid
Society or a Volunteer Lawyers Project lawyer; those enrolled in the public
assistance programs FIP, WIC, SNAP (food stamps) or SSD/I; and those
unable to work due to mental or physical disabilities, are eligible. Eligible
persons pay a fee of $10 per hour. Food stamp recipients may also be
required to pay the administrative fee.
If you do not meet the above requirements, you can still minimize
your costs by choosing a mediator with a low hourly rate. Competent
mediators are available in all price ranges.
What is my attorney’s role?
Your attorney plays a vital role when you mediate. In most circumstances,
your lawyer will participate in the mediation with you. If your lawyer does
not participate, it is strongly recommended that you consult with him or her
about the legal aspects of your case before the mediation session, and as you
desire, throughout the process. Your lawyer will help you understand the
facts surrounding your case, the law that applies to your case, the range of
reason under your circumstances, and the best way to package a solution to
solve the short-term and long-term problems.
You and your lawyer can sign an agreement at the mediation
session. If your lawyer isn’t with you, you can take a copy of the proposed
agreement to him or her for review, advice, and submission to the court.
While having a lawyer is strongly recommended, you can
participate just as fully if you don’t have one.
What is the judge’s role?
The judge is involved in every case. S/he will…
issue the order(s) for mediation;
determine whether to approve agreements you have reached; and
hear your case and make the decision on unresolved matters.
Judge Kepros explains, “the judge is a problem solver; however, you can do it
better. You’re an expert on your life. You can identify what is most
important – not just on the big stuff but the details that makes your life
work. Your attorney and the mediator can help you get informed so you can
make good choices. The judge will do a good job in fashioning orders that
help solve problems within the limits of the law, but s/he is never going to
have the same level of expertise as you, the person living your situation.”
What does a mediation session look like?
Most commonly, the parties will be in separate “caucus” rooms and
the mediator will shuttle between them. Some mediators will bring the
parties together in a joint session, then split the parties into private caucus.
Others will keep the parties in joint session the entire time.
Early in the mediation, the mediator will delve into the facts of the
case, and help you and the other party assess your strengths and weaknesses.
In subsequent caucuses, the mediator will assist in identifying the range of
reason and help you exchange offers. As the mediation progresses, the
mediator’s goal is to narrow the dispute to where your points of agreement
outweigh your points of disagreement and it makes sense for both sides to
come to a settlement. If one is reached, you will be expected to keep it. If an
agreement isn’t reached, your dispute will progress toward a hearing or trial.
Who else can attend the mediation?
You, the other party, and each of your lawyers are allowed in the
mediation room. Any other person’s participation is at the discretion of the
opposing party. If, for instance, the other party says s/he doesn’t want your
significant other in the room (or vice-versa), the mediator, in all likelihood,
will honor that request. The significant other may be allowed to be with you
in the private caucus, however.
The primary purpose of mediation is for the two of you to talk and
listen to each other and work towards an agreement. Still, you may have a
reason to bring a third party to the mediation. If you do, you should discuss
this with your lawyer, the program coordinator, or the mediator prior to the
session.
There may be instances in which the mediator solicits a third party’s
participation. This may be requested before the initial session, or at a
subsequent session.
Are there situations where mediation would not be appropriate?
Yes. If there is a history of domestic abuse, or if bringing the parties
together could result in direct physical or significant emotional harm to one of
the parties, mediation may not appropriate. If this situation applies to you,
you or your lawyer should request a waiver of mediation. If a no-contact
order is in effect, mediation is only to occur when the parties are kept in
separate rooms.
Checklist of potential issues:
A. Parenting Agreement
1. Time sharing schedule
a. School year
b. School breaks
c. Holidays
d. Parent and child birthdays
e. Vacations with children
f. Vacations without children
g. Time with extended family members
h. Schedule changes
2. Telephone access between children and parents
3. Transportation
4. Legal custody
5. Decision making: Who is to be included in decision making on the
following issues?
a. Categories
1). Education
2). Health
3). Child care
4). Extra-curricular activities
5). Religion
6). Motor vehicles and driver’s license
7). Other
b. Procedure: how will joint decisions be made and how
will any disagreements be handled?
6. Communication/information sharing
7. Religious training
8. Moving beyond the current geographical area
9. Periodic review
B. Financial support
1. Child support
2. Spousal support
3. Post-secondary education costs
4. Responsibility for children’s expenses
a. Uninsured medical/dental/vision costs
b. Activities
c. Clothing
d. Other
5. Life insurance on the children
6. Periodic review
C. Health insurance
D. Life insurance
E. Family home
F. Other real estate
G. Household goods and other personal property
H. Vehicles
I. Business Ownership interests
J. Stocks and bonds
K. Bank accounts
L. Other assets
M. Outstanding debts
N. Retirement
1. Pension and profit-sharing plans
2. IRA accounts
3. Other
O. Tax issues
1. Dependent deductions
2. Child care deductions
3. Filing for current year
a. Separate or joint
b. Disposition of refund
c. Responsibility for balance owed
4. Capital gain taxes
P. Attorney’s fees
Q. Future mediation clause: at what point in future disagreements will we
use mediation?
R. Temporary Arrangements
1. Housing
2. Parenting schedule
3. Financial support
4. Managing assets and debts
5. Other
S. Other
