About Mediation

Why MeDiation?

Mediation is an opportunity to sit down with the other person, with the help of a mediator, to avoid the expensive and intimidating court process. It is not necessary that you agree to anything before you get to mediation. The mediator will ask you each a series of questions to assist in finding middle ground on all important issues. The mediator will review documents and offer suggestions for how to resolve areas where you do not agree.

How does it work without an attorney?

The process is different if either party has an attorney. Neither party has to have an attorney, but regardless I as the mediator cannot give either party legal advice. If there is no attorney, usually we start in the same conference room and review financial documents, calendars, and other documents. I will send a list to both parties before the mediation of items to bring. Typically we stay in the same room and the mediator will walk through each issue step by step until each person is comfortable. Sometimes we can come to a solution in one mediation session and sometimes we have several sessions. This is largely determined by the number of issues and each person’s availability with work and family commitments.

How does it work without an attorney?

The process if either party has an attorney is slightly different. Typically, we have a short joint meeting with everyone in the same room. Sometimes it works to have everyone stay in the same room, but typically we separate and I will go back and forth between the rooms to discuss ideas to come to a resolution. The mediations typically take until at least lunch, if not longer. I suggest clearing your schedule for the whole day.

do i need an attorney?

I do not require an attorney to mediate cases. There are specific ethical requirements for all mediators that I must follow. If I am working as a mediator on a case, I cannot give legal advice to either party. Also, once we figure out all of the specifics on the settlement, I cannot draft the final documents beyond a summary of what has been agreed between the parties. I have a list of attorneys who are excellent at drafting agreements resulting from mediations so this is not usually an issue.

What information do i need to bring?

A list of documents will be sent to both parties before the mediation. If the parties have an attorney then the attorneys will know what they need to bring. If either party does not have an attorney or if there are no attorneys involved, I have a list of documents that I will ask you to bring on the day of mediation.

how do i schedule?- 

The easiest way to schedule is to use the link on the home page to to view my calendar. Email me at lm@moenlegal.com with both parties names and any attorneys involved. Once I am sure that I have never met with either party, we will get you scheduled. The scheduling options are half days or full days.