Mediation is a voluntary process which allows both spouses to maintain control over your fate and the terms of your settlement. Both parties and their attorneys attend either a 4-hour or 8-hour mediation, depending on the complexity of your case.
Is the mediator a lawyer?
Most commonly the mediator is a lawyer who acts as a neutral person to help you settle your case. Even though the mediator is a lawyer, the mediator will not be providing you with legal advice.
What is the role of the mediator?
The role of the mediator is to facilitate an agreement between the parties to prevent the necessity for a trial. Procedurally, you and I will remain in one room, while your spouse and his or her attorney stays in a separate room. The mediator travels from room to room conveying each side’s offer and/or counteroffer.
Can what I say be used against me later?
Everything you say during mediation is confidential. You and I will advise the mediator what we do or do not want shared with your spouse and your spouse’s attorney. The mediator cannot be made to testify in court if a settlement is not reached. The mediator will only report one of two things: “settlement” or “no settlement.”