Frequently Asked Questions

Mediation is a structured process in which a mediator assists participants in facilitating a consensual and mutually acceptable agreement to resolve their dispute. The mediator does not possess authority to compel any participant to enter into an agreement.

The mediator’s primary function is to reduce barriers to communication, assist in identifying the pertinent issues, explore alternative solutions, and facilitate voluntary agreements. However, the ultimate decision-making authority remains exclusively with the participants.

Unless otherwise mutually agreed, all communications exchanged during mediation are confidential. Participants may not disclose mediation communications to anyone other than another participant or their counsel. The mediator is equally bound by this confidentiality, except where disclosure is required or permitted by law. Confidentiality or privilege does not extend to a signed written agreement unless expressly agreed to by the parties. Furthermore, mediation sessions may not be recorded.

The mediator cannot provide legal advice. Participants represented by counsel should direct legal inquiries to their attorney. Those not represented should consider consulting legal counsel prior to signing any agreements.

Given the emotional and stressful nature of domestic matters, virtual mediation enables participants to join from a secure and comfortable environment of their choosing. This approach eliminates concerns related to travel, locating the mediator’s office, and parking. Participation requires only access to Zoom (or, if agreed by all, phone participation is permitted when Zoom is not an option) and the ability to electronically sign documents.

Participants may choose to remain together in a single virtual room or request separate virtual rooms, with the mediator alternating between each virtual room for any portion or the entire session.

A participant may request a private meeting with the mediator outside the presence of the other party. Such confidential discussions are termed a caucus. Information disclosed in caucus shall not be shared with other participants without the consent of the disclosing party.

Unless the participants have agreed otherwise, only the participants, and if represented, their respective attorneys, may attend the session. If a guardian ad litem (GAL) has been appointed, the GAL may also be present. If non-participants are permitted, confidentiality of all mediation communications applies equally to them.

Should the need arise and the participants consent, additional mediation sessions may be scheduled.

• If no agreement is achieved, the process concludes in an impasse.
• If full or partial agreement is reached, the terms must be reduced to writing and signed by all participants. For active court cases, the mediator files the agreement with the court. If no case is pending, the mediator will provide copies to the parties. Where a case exists but no agreement is reached, the mediator must report a “no agreement” outcome to the court.

To ensure a productive session, participants should have the following documents and information available:

• If the case has been filed, the most recent financial affidavit filed with the court.
• Proof of income (most recent pay stub, tax return, or W-2).
• If there is a minor or dependent child(ren), evidence of necessary childcare or daycare expenses (required for child support calculations).
• Documentation of health insurance costs for the participant and any additional amounts paid for a child(ren) (required for child support calculations).
• Any existing agreements concerning a child(ren), such as time-sharing arrangements (number of overnights with each parent), decision-making authority (medical, education, etc.), and holiday schedules, including summer break. If no agreement exists, each parent should be prepared to discuss their preferences.
• An itemized list of marital assets and liabilities, including fair market value and outstanding balances. Example categories include (not an exhaustive list):
• Assets: Real estate, vehicles, bank accounts, retirement accounts, investment accounts, furniture, electronics, sporting equipment, tools.
• Liabilities: Mortgages, home equity lines of credit (HELOC), auto loans, personal loans, credit cards, medical bills.
• Any agreements regarding the division of marital assets or liabilities. Where no agreement exists, participants should be prepared to discuss their preferences.
• Any agreements related to spousal support/alimony.

• Mediation services are billed at $150.00 per hour, with a minimum of two hours required.  Thus, the minimum fee is $300.00, which is due prior to the beginning of the mediation session.
• Participants must determine in advance whether one party will pay the entire fee or if the fee will be divided and what proportion (e.g., 50/50, 60/40) each participant will be responsible for.  Prior to the session, the participants must notify the mediator in writing what the participants have agreed to.
• To cancel or reschedule the mediation session, both parties must agree and notify the mediator in writing. If both participants agree to cancel or reschedule, to avoid a $300.00 cancellation fee, the mediator must receive notice at least 48 hours prior to the scheduled session.