Common Questions
Safety
What if we have a history of domestic violence?
If you are in danger you can call 1-888-235-5333 or visit the Call to Safety website.
Some families that have experienced domestic violence are able to mediate. If you would like to use mediation and have concerns for safety, or your ability to negotiate with someone you have experienced violence with, please reach out so we can figure out whether mediation can be made safe for you. If we cannot create a safe place for you, mediation with us is not the right choice. You may ask a judge to waive the requirement for mediation by filing a request for mediation to be waived. A printable form is available online.
What if there is a restraining order or I’m uncomfortable being in the same room with the other person?
If you have a restraining order related to domestic violence you can mediate as long as you have already passed the period of time when the respondent can contest the restraining order. You may use mediation to negotiate custody and parenting time. You may not use it to negotiate the restrictions around contact between you and the other parent. We do our best to meet the needs of our clients. Shuttle (mediating from separate rooms) or online mediation may be more comfortable options in these cases. It really depends on your specific situation.
Can I bring anyone else to mediation with me?
Yes, if all participants agree. The presence of other people could either improve the process or could create an uncomfortable dynamic in the room. If you need to have a support person present, and the other person does not agree, mediation may not be the right process for you.
Cost of Mediation
What does mediation cost?
Your first hour is free. The hourly rate after the first hour is $200 for Katie, $200 for Kevin, $240 for Linda, and $300 for co-mediation with two mediators of your choice.
Typically, sessions are two hours. You can meet as frequently or infrequently as you desire. The typical pattern is every two weeks.
For less complex cases and ones with limited issues to decide the cost may be $1,500 to $2,500 per family. For more complex cases, and many unresolved issues, the cost may be $2,000 to $4,000 per family.
After mediation is completed and an agreement is signed, the legal papers need to be prepared by you, an attorney or a paralegal. We work with a very reasonably priced paralegal.
Once the paperwork is complete the court filing fee for divorce or separation or a parenting plan is around $300. If you have children, you will need to attend a class that costs between $70 and $280 per parent.
How does that compare to attorney fees?
In mediation, you work as a team and share the cost of the mediator. Mediation has a beginning, a middle, and an end. You will generally know early on if it is working for you.
In an attorney assisted negotiation or litigation, you each pay a fee for your own attorney, and fees continue until the case is resolved by agreement or court order.
Mediated Agreements have a higher satisfaction rate and compliance rate than attorney negotiated or litigated judgments. For situations that include parenting plans, studies find that the children are better adjusted with mediated agreements as compared to attorney negotiated or litigated judgments. This factor can translate to costs avoided in the future.
The Role of Attorneys
Do I need an attorney?
You do not need an attorney to complete the legal process. However, because we are not attorneys, we do encourage you to consult with an attorney before you complete your mediation. Consulting with an attorney can help you:
To become fully informed. The rules and expected outcomes of the legal system are important for clients to understand so that they can make an informed choice to follow those rules or vary from them (when permitted) in an intentional way.
To insure your agreement has the legal effect you are intending. You want to be sure that the mediated agreement will be accepted by the court and that it is not incomplete or unclear. Although we make every effort to insure that this is the case, there may be legal implications or changes to the rules which we may not be aware of.
How do I choose an attorney who supports mediation?
We offer referrals to trusted attorneys to every client. When you seek to select an attorney to consult with, you want to be sure that the attorney understands the role you wish them to take in your mediation, and is agreeable to taking that role:
Supporting the Mediation Process
Supporting a Mutually Agreeable Outcome
Supporting Your Achievement of a Fully Informed Decision
Keeping the Cost Down
Other Professionals
Do I need a financial professional to help with this process?
Divorce can involve complex financial decisions. We work in concert with trusted financial professionals who can help you in a variety of ways.
Should I be seeing a counselor during mediation?
We are not counselors. We encourage you to find support during this difficult life transition. Surround yourself with friends and helpful professionals who will empower you with new coping skills to work through this transition. This self-work is useful to start before mediation and to continue afterwards, and it is also extremely helpful during the mediation process to allow you to focus on making good decisions and to stay grounded. Working with a counselor will help you avoid relying on your mediator or your attorney to provide support that is not appropriate for their role. We can help you find appropriate counseling and other support.