What does a mediator do?
We assist parties in dispute to identify the issues that need to be resolved and guide you through the decision-making process. We remain neutral and help facilitate the negotiation in order to reach a solution that is agreeable to all parties.
Who is right for mediation?
In general anything that can be litigated can be mediated. Mediation allows those in conflict to determine the best resolution for them. As long as the parties are willing to resolve the issue in dispute, mediation can be a powerful tool that results in a efficient and effective solution.
How much will mediation cost?
Mediation costs through CFR are packaged to provide sufficient preparation assistance, conflict coaching, and mediation hours. Most cases can be resolved in less than 10 ten total hours of mediation, and less than $5000. Our total fees are generally split between parties or from shared accounts. More information on the cost (and savings) of mediation.
Is a mediation agreement binding?
If you are involved in a divorce or another family issue that is filed in court, any agreement you reach in mediation may be filed with the court. The court generally reviews the mediation agreement to assure that it conforms to the standards that have been established, such as the child support guidelines and, where it does not, what special circumstances exist. Once approved by the court, the agreements reached in mediation become binding, just as a litigated case.If your dispute is not filed in court, the mediated agreements is usually considered to be a contract, and legally binding as such. Depending on the nature of the agreement and the dispute, if there is a breach of the contract, you might be able to file a claim with the court.
We cannot talk to one another, how can we mediate?
It is expected that most are going to come to mediation in varying states of disagreement, which may include an inability to discuss the issue with any degree of civility. The mediator is able to work around this inability and assist in helping the parties learn how to communicate without getting caught up in the emotion of the conflict. CFR Certified Mediators focus on the areas of agreement and build from there. Mediation relies on the willingness of the parties to resolve their dispute and mediation skills to quickly and effectively resolve the areas of conflict, allowing everyone to move forward.
What happens if we are unable to agree in mediation?
Even if you cannot agree on everything, you will probably be able to agree on some things. Each issue that you resolve in mediation translates into less time in court, fewer legal fees and less aggravation for you. And, for those issues upon which you could not agree, at least you will understand what those issues are and where you stand. At the very least, you will feel like you tried your best to reach an agreement before resorting to court intervention. Sometimes new information, proposed solutions or the passage of time makes it possible to resolve a previous disagreement, so even if you don’t resolve your issue immediately, you may be able to resolve it a week or a month later, without having to go to court. Because mediation is flexible, you are free to schedule additional appointments at any time. You are also free to stop the mediation at any time if you don’t think you are making progress toward resolution.
Can our mediator process all of the paperwork necessary?
No. The mediator will provide a Memorandum of Understanding, which is to be given to an attorney to convert into the legal document that the court will accept. We are happy to give you referrals for attorneys who are willing to help with filing the paperwork without court representation.