Frequently Asked Questions
1. My wife and I argue all the time and have difficulty even being together. Would mediation be a waste of time?
ANSWER: No. A trained mediator can help even couples in high-conflict situations resolve disputes and build toward an agreement. A mediator can often encourage the parties to come to agreement on small issues which help the parties to trust each other and work toward a more complete resolution.
2. How long does a mediation session last?
ANSWER: Generally, we utilize two hours of time for each session. However, this can be extended if the parties and the mediator agree. Sometimes sessions of longer than two hours can become tedious, especially if the issues and dialogue is of an emotional or high-conflict nature.
3. How long does it take to set up a mediation session?
ANSWER: Usually within seven to ten days. Sometimes in cases that need immediate attention, a session can be arranged within 48 hours.
4. Do we need to have lawyers in order to go through divorce mediation?
ANSWER: I generally recommend that each party either has a lawyer or, at least, has consulted with a lawyer at some point during the mediation process. It is important for the parties to obtain information about what their rights and responsibilities are under Pennsylvania law regarding divorce, custody and/or support. This generally also speeds up the mediation process, since the mediator does not have to cover, for instance, what alimony is, what factors the courts consider in determining whether to award alimony, and if so, how much. Furthermore, since the mediator is neutral, he or she cannot give the parties advice as to what they should do, how much they should ask for, or even whether or not the agreement they are considering entering into is Aa fair one@. In addition, generally, a lawyer would need to draft a Divorce Complaint and prepare the documents for a final Marital Property Settlement Agreement and process the paperwork necessary for a final Divorce Decree.
5. How many mediation sessions will it take in order to get our case resolved?
ANSWER: Obviously, that question varies depending on the complexity of the case and the conflict between the parties. For instance, a relatively simple case where the parties are generally in agreement may be resolved in one or two sessions. A more complex case with significant issues, complexity or conflict between the parties may take multiple sessions.
6. My spouse is not certain about mediation and whether or not he/she is willing to try it. What can I do?
ANSWER: If your spouse has questions about the process and/or concerns about mediation, I would encourage you to have them contact me in order that I can answer any questions and/or concerns they may have. I would note that since a mediator must remain neutral in the dispute, the mediator will generally not talk to one party without also speaking to the other.
7. How does the mediation process work?
ANSWER: Generally, at the first mediation, the parties meet with me at my office or in our conference room. I will explain the process, make sure the parties sign an Agreement to Mediate, and answer any questions they may have. Then, I will generally ask the parties what issue they wish to start with and we will begin to work on resolving the conflict and the disputes. In certain situations, I will also caucus (meet separately with one of the parties to discuss their concerns, their position, or other issues that the individual may not want to address in a joint session). If I caucus with one party, I will always also meet with the other alone as well to maintain neutrality and to help the parties along toward an agreement.
8. Do we need to have our attorneys present at the mediation?
ANSWER: No. Although you are certainly free to bring counsel with you if you wish, most parties who enter mediation are, in part, doing so in the hope of keeping their legal costs down. However, there are situations where a party may wish to take a break during the mediation session in order to run a potential agreement by their attorney or to ask for specific legal advice. Additionally, most parties will review any potential agreement with their own separate counsel prior to entering into it in order to see that the agreement is fair and equitable.
