What percentage of cases settle in mediation?
The actual statistics vary from jurisdiction to jurisdiction and from mediator to mediator. The most commonly stated range is 80-90%.
Does the mediator decide what will happen with my property or my children?
No. The mediator has no power to determine the outcome of your dispute. The mediator is not an arbitrator, who can make such a determination. The mediator's job is to help the parties achieve a resolution which meets as many of each party's interests and goals as possible. A mediation can only end with an agreement or no agreement.
Can the things we discuss in mediation be used against me in Court?
No. By statute, and by the mediation rules agreed to in our office, everything discussed in mediation is confidential (other than statements which evidence the commission of a crime or child abuse).
Do I dress for mediation as if I were going to Court?
No. Mediation is an informal, although structured and organized, process. When we mediate, unless we have Court on the same day, we dress casually. We encourage you, and your attorney, to do so as well.
Can I rely on the mediator for legal advice?
No. You should have an attorney from the beginning of the process, and, if not, at least by the end of the process. You will not be able to rely on what the mediator tells you as legal advice, and should consult your own attorney about any legal matters which may bear upon your settlement. On the other hand, the legal opportunities and limitations will not be the focus of the process. Your real life interests and goals will be much more important in shaping the resolution.
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