What does mediation entail?
Mediation involves an unbiased individual, known as a mediator, aiding the conflicting parties to communicate effectively in pursuit of a settlement or reconciliation. The mediator may suggest diverse settlement methods to resolve the dispute but cannot enforce their judgment on the parties. The decision to accept or reject any settlement remains with the parties involved.
2. Why should I participate in mediation?
a. Many opt for mediation to prevent the court from making decisions on their behalf. Some are required by the court to attend mediation.
b. The purpose of mediation is to allow parties to bypass court proceedings, associated costs, and stress. In this more relaxed environment, parties aim to resolve their issues independently, without court interference.
Does the court mandate mediation?
a. Generally, yes. Most courts across various counties mandate mediation before a temporary order hearing and a final hearing/trial.
What are the costs of mediation?
a. A half-day mediation session (4 hours) is priced at $250 per party, amounting to a total of $500.
b. Full-day mediation (8 hours) will cost $500 per party, totaling $1000.
What are the accepted payment methods for mediation?
a. The Vitelli Law Firm accepts firm checks, cash, cashier's checks, or money orders payable to Sherea Vitelli. At present, The Vitelli Law Firm does not process credit card payments.
When is the mediation payment due?
a. Payment for mediation is due upon confirmation. However, parties are welcome to make payment on the day of mediation before it begins.
What happens if I fail to meet the payment terms for mediation?
a. If any party defaults on their share of the mediation fee, the mediator may request the other party to cover it. If the other party declines, the mediator may act unilaterally.
Who can attend mediation?
a. Only the concerned parties and their attorneys are permitted to attend mediation. If an external party is to join the mediation, it must be by mutual agreement.
Is there any documentation I need to provide before mediation?
a. It would be advantageous and cost-effective to your case if the following documents are furnished:
i. Pleadings, Motions, Tax Returns, and any Discovery documents.
b. Provide any documentation you deem critical to your case, and I will review it before mediation.
Who typically arranges mediation?
a. After discussing availability, attorneys generally schedule the mediation.
Where is mediation held?
a. Mediation is typically conducted in one of the attorneys' offices.
When can mediation be canceled?
a. If a party needs to cancel the mediation, it must be done at least 48 hours prior to the mediation start time to be eligible for a refund. Untimely cancellations will incur a fee of $300, split equally between the parties ($150 each), unless the court enforces a delay.
How should I prepare for mediation?
a. To best prepare for mediation, consider your desired settlement, what concessions you're willing to make, and what you hope to gain. I typically recommend that my clients compile a list of items they desire, require, and are willing to relinquish.