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What is mediation?
Is my situation appropriate for mediation?
How do we select a Mediator?
How does mediation compare to Collaborative Law?
How does mediation compare to litigation?
If I use mediation, do I also need an attorney?
How should I prepare for mediation?
How much does mediation cost?
How can mediation work if the other person is so much more powerful?
How can we mediate since we have too much conflict?
Is the mediated agreement legally binding?
What happens if no agreement is reached?
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What is mediation?
Mediation is an enlightened approach where two or more people, with or without legal representation, have a dialogue which is facilitated by an impartial third person in order to create a workable solution. Debra Synovec uses an integrated approach to mediation in which legal, financial and relational aspects are considered.
Is my situation appropriate for mediation?
Most people are able to achieve positive results in mediation. Debra Synovec's mediation approach is client-centered, based on the belief that most people are capable of mediating a constructive agreement in mediation. This is because client-centered mediation focuses on the unique needs of the parties in each case and the process is tailored to meet those unique needs in order to achieve the best possible outcome. Even people who have experienced high conflict and acrimony are able to achieve a more productive and fair process of resolution of their conflicts through this framework. The client-centered mediated enables participants to reach a settlement that meets their needs more efficiently and rationally while maintaining much more control and self-determination compared to other approaches.
How do we select a mediator?
Choosing your mediator is personal. Select a mediator as carefully as you would choose a heart surgeon! You will be discussing and making decisions about the things you care about most, so make sure the mediator is someone with whom you feel confidence. Interview the mediator, ask questions, and make sure they are knowledgeable, dedicated and compassionate. Questions to consider:
// Education and Credentials - Is the mediator an attorney, a therapist? Don't stop here. Did they receive their training from a nationally recognized provider? Have they continued to update and perfect their skills? Are they listed with credentialing organizations such as the Association of Conflict Resolution? No matter what their education is, make sure the mediator also possesses sufficient experience to mediate your particular case effectively.
// Experience - Have they mediated a substantial number of cases? (Some people within the mediation profession have the opinion that a mediator does not become masterful until they have completed at least 100 cases.) Have they had experience with the types of emotional situations you anticipate? Mediation is not therapy, but emotions will come up so the mediator needs to be able to guide you through these. Does the mediator have experience with the types of substantive issues you need mediated, (legal, financial, family, business and divorce)? If they do not have sufficient knowledge about your type of dispute the mediator may either miss an issue causing errors or may need to send you to an outside specialist that may cost you more time and money.
// Process - What process does the mediator use? A facilitative process with the parties in the same room, even if it sounds hard, is the most productive and produces the most durable agreements and client satisfaction when relational aspects are involved. Shuttle mediation, in which clients are separated and the mediator goes back and forth between them, may sound promising but may be cumbersome and ineffective because the clients lose the benefit of face-to-face dialogue; it is often done not for the benefit of the clients, but for the benefit of the attorneys who are often unable handle client emotions themselves.
// Passion - Is the mediator dedicated to mediation? The most effective mediators are the ones who believe in the mediation; they know it serves clients best.
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How does mediation compare to Collaborative Law?
Mediation and Collaborative Law are both methods that have the objective of resolving issues cooperatively. Collaborative Law attorneys enter into an agreement to cooperate and to not litigate even if the couple is at an impasse; however, the attorneys have an ethical duty to protect their own client's interests. In the event the parties are unable to reach settlement the attorneys are required to withdraw from the case by the collaborative agreement. In Collaborative Law frequently a team approach is used and the team controls the process for the clients. Debra Synovec works with the clients to determine the process; the mediation process is determined case-by-case based on the unique needs and interests of the clients. Clients may have more self-determination in the facilitated mediation approach used by Debra than they have in Collaborative Law because her approach is tailored on a case-by case basis with the clients' involvement in order to meet the clients' unique needs and circumstances. Consequently, mediation may be more empowering, more efficient and less costly than Collaborative Law. On the other hand, Collaborative Law may be preferable if the clients need real-time legal advice; however, if mediation clients prefer or need to have real-time legal advice and representation, the attorneys may be present during the mediation session or available by telephone.
How does mediation compare to litigation?
Mediation allows the couple to address all issues of the dispute. Unlike the traditional legal approach in which the judge imposes a decision or the attorneys craft an agreement and the parties feel like they are on the sidelines, in mediation the parties make the decisions based on their own unique facts, needs and circumstances. Mediation usually reduces acrimony as well as emotional and physical stress, requires less time, saves money and creates effective ways to resolve future conflicts. Mediation establishes an environment that is supportive and promotes cooperative communication while balancing power differences. Mediation allows the parties to resolve their issues privately with dignity and integrity. Specifically, mediation
// promotes communication and cooperation
// allows the parties, not the court, to make decisions affecting their future
// promotes positive relationships by reducing conflict
// is confidential; there is no public disclosure of personal problems or finances
// usually costs less than litigation
If I use mediation, do I also need an attorney?
Debra Synovec encourages each party to have their own attorney in order to obtain legal advice throughout the process or at a minimum to review the final documents. The extent that the parties use attorneys depends on the nature of the case and the needs of the participants. Debra Synovec is an attorney but does not act as an attorney or represent anyone in mediation and she does not advise client's regarding their legal rights or responsibilities. An attorney can play an important role by advising you, clarifying legal issues, helping you to understand your needs and creating options. Debra Synovec is accustomed to working closely with clients and their attorneys to further the shared goal of resolution.
How should I prepare for mediation?
Think about these ideas before attending mediation, or discuss them with someone you trust. Understand your goals, what really matters to you and you needs. Think about how an outcome will benefit not only you but your family.
// Expect the discussion to go beyond the legal issues. Think about what is of highest value to you. Examples may include: your children's stability, being respected, a constructive relationship with someone, or the end of the stress of litigation. These can be of equal or higher value than money or principle.
// Prioritize. Think about what interests are most important for you to achieve. Understand where you may be willing to make concessions to get what you most want.
// Think about what the other person needs. The other person's goals and needs may overlap with yours or they may be different. Mediation helps people find creative ways to common ground. Think about questions to ask the other person to understand what is most important to them.
// Create a list of options. Consider a variety of ways to meet your needs, and those of the other person. Be creative and leave the possibility open that you will find more options through your discussions in mediation.
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How much does mediation cost?
The cost of mediation depends on the complexity of the situation. Mediation services are charged on an hourly basis for the time the clients spend in session and additional charges are incurred for the time that it takes to draft the agreement. Mediation fees are paid at the end of each session for the time spent in session and charges for drafting the agreements are paid at the time the documents are drafted. There are no hidden charges in mediation. One study done by Boston Law Collaborative, LLC, indicates that divorce mediation was approximately 1/3 of the cost of a Collaborative Law divorce and 1/4 of the cost of a litigated divorce that does not go to trial and less than 1/10 of the cost of a full-scale litigated divorce.
How can mediation work if the other person is so much more powerful?
Power differences occur in most relationships. Power is very hard to identify and clients do not know their own power. Through various rules, communication techniques, information gathering methods and intervention skills the mediator is able to balance most power imbalances. The goal of mediation is to empower both clients while seeking a mutually agreeable solution.
How can we mediate since we have too much conflict?
Mediation is not just for people who are cooperating and "able to talk to each other". Mediation can be used by all divorcing couples, including high conflict couples or cooperative couples. The mediator manages the process and helps people, whether they are hostile, cooperative or someplace in between, to identify issues, create options and add structure in order to reach agreement. No matter how much conflict is involved, a skilled mediator uses various methods to facilitate cooperative communication, balance power differences, gather information, keep the parties on track and avoid impasses so that the parties are able to come to agreement.
Is the mediated agreement legally binding?
Yes, upon reaching an agreement that is signed by the parties, the agreement is legally binding. In the event litigation has been started, the parties will have a formal order or release entered by the court.
What happens if no agreement is reached?
In the event you are unable to reach an agreement in mediation you are free to use any other method of dispute resolution that is available. Mediation is a confidential process and the mediator cannot be called into court to testify except in rare instances.
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