FREQUENTLY ASKED QUESTIONS

What is mediation?

Mediation is a legal option for decision-making and/or resolving conflict that does not involve litigation or going to court. As a means of alternative dispute resolution, the mediation process is collaborative, voluntary and completely confidential. The mediator is not a judge or an arbitrator but a neutral guide who assists participants to work together toward mutually-satisfying solutions and ensures they reach goals in a well-informed manner.

What is the difference between mediation and arbitration?

Arbitration and mediation both involve a neutral third party, but the processes are very different. Arbitrators generally act like judges and make decisions. Mediators are not decision-makers. The mediator helps facilitate communication and the gathering of information, enabling participants to work together to make informed decisions and reach solution.

Where does “what’s legal” fit into the mediation process?

Although not an advocate for any participant, the mediator will provide information about the law as it relates to the specific issues in mediation. The mediator will also assist participants in identifying issues that need further legal explanation or clarification. In most cases, the mediator will recommend that agreements reached in mediation be reviewed by independent counsel prior to execution by the parties.

Should I have a lawyer?

It is not uncommon for participants in mediation to be represented by independent counsel during the mediation process. The mediator will always encourage and sometimes require participants to discuss issues of law with their counsel and to have any agreement reached in mediation reviewed by an attorney. In some cases attorneys and other professionals do actively participate in the mediation and, with consent of all parties, may attend mediation sessions.

What are the benefits of mediation?

Mediation allows people in conflict to take a leadership role in resolving their disputes and controlling the outcome – it keeps the decision-making power with the people directly influenced by the result.  

Mediation is, most often, less time consuming and less stressful than traditional legal avenues – both financially and emotionally. The mediation process empowers participants, giving each person involved the opportunity to express his/her needs, views and goals, develop interests and participate in crafting a mutually-beneficial resolution. Results reached in mediation are more likely to work and make sense into the future.

How does divorce mediation work?

The couple will meet with the mediator in a safe, confidential setting. Each participant is supported in communicating his/her needs, views, interests and goals. The couple and the mediator work together to gather information and identify issues that need to be resolved. Based on the couples’ individual circumstances, issues may involve parenting, assets, child-support, maintenance and moving forward. The mediator will not take sides or make any decisions but will assist the couple in developing and evaluating options and determining what best meets their needs. At the end of the mediation process with Valerie Marvin, she is able to draft a legal and binding written agreement reflecting the decisions made.

Is an Agreement reached in mediation binding?

Any mediated agreement which is written and signed by the parties is legally binding and in fact research has shown that compliance and satisfaction with mediated agreements is higher than those imposed by a court, resulting in less post-agreement or post-divorce conflict or litigation.

When is mediation not an option?

If there is a history of physical violence or verbal abuse which makes it impossible to sit in the same room, mediation would not be appropriate.