Wednesday, August 23, 2017
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Sherea Vitelli

Experienced attorney in the areas of family law, criminal defense, civil litigation, estate administration, and D.W.I.

Mediation

  1. What is mediation

    a.Mediation is the process by which an impartial person, the mediator,  will help the parties communicate with each other to promote a settlement or reconciliation.  A mediator may offer or suggest different methods for settlement o resolve the dispute but they may not impose their own judgment onto either party.  It is solely up to the parties to accept or reject any settlement.

  2. Does the court require me to go to mediation?

    a.Generally yes.  Most courts, in any county, will require mediation prior to a temporary order hearing and a final hearing/trial.

  3. Why should I attend mediation?

    a.Generally, one will attend mediation to keep the court from making any judgment calls themselves.  Others attend mediation because the court will require it.

    b.Mediation is designed to allow the parties to avoid court, court costs, and pressure.  In this relaxed setting, the parties attempt to work out their problems amongst themselves without the need of court intervention.

  4. How much will mediation cost?

    a.Half day mediation (4.0 hours) will cost $250.00 per side for a total of $500.00.

    b.Full day mediation (8.0 hours) will cost $500.00 per side for a total of $1000.00.

  5. What are acceptable methods for payment of mediation?

    a) The Vitelli Law Firm accepts firm checks, cash, cashiers check or money orders payable to Sherea Vitelli.  The Vitelli Law Firm does not accept credit cards at this time.

  6. When is the payment for mediation due?

    a.Payment for mediation is due when mediation is confirmed.  However, the parties are welcome to pay the day of mediation prior to the commencement of mediation.

  7. What happens if I don’t comply with the terms of payment for mediation?

    a.If either party fails to pay for their portion of mediation, the mediator reserves the right to ask the other party to pay.  If the other party refuses to pay the mediator may unilaterally

  8. Who is allowed to attend mediation?

    Only the parties are allowed to attend mediation with their attorneys.  Any party may ask the other side if an outside party may join the mediation but only if by agreement.

  9. Do I need to provide any documentation prior to mediation?

    a) It would be extremely beneficial to your case and cost effective if the following items were provided:
    i)  Pleadings, Motions, Tax Returns, and any Discovery documentation.
    b) Again, provide what you find to be important in your case and I will review it prior to mediation.

  10. Who usually schedules mediation?

    a) The attorneys will generally schedule the mediation after consulting with one another for availability.

  11. Where does mediation take place?

    a) Mediation will take place in the office of one of the attorneys.

  12. When can mediation be canceled?

    a.If mediation needs to be canceled by either party, it must be done at least 48 hours prior to the commencement of mediation in order to secure a refund.  Any cancellations not made timely will result in a cancelation fee of $300.00 (borne equally by the parties at $150.00 each side), unless such a delay is imposed by the court.

  13. Do I need to be prepared for mediation?

    a.It would be best suited if prior to mediation you thought about what type of settlement you would like to happen.  Also think about what you are willing to give up and gain.  I generally advise my clients to make a list of items they want, need, and will give up.
DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with The Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 



 

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