Yes, a hallmark of mediation is that it is confidential. The content of discussions that occur in mediation cannot be shared with others or the Court in any subsequent hearings or trial. In addition, your mediator cannot be summoned to testify in Court, nor may any notes or records be released even by Subpoena.
Is mediation confidential?
Mediation in a two-way process in which a third party helps parties reach a mutually agreeable solution to their differences. This cannot occur without the involvement of both parties.
What if my ex doesn’t want to participate?
No. Dr. Malovich also conducts mediation with individuals who are not represented by counsel. In this case, she will assist in helping the parties draft a Memorandum of Understanding that can be taken to an attorney to be put into a Court Order.
Do I need an attorney in order to mediate?
The Court often requests that parties attend mediation prior to a Court hearing or trial in an effort to reach a settlement. Parties can also choose to pursue mediation on their own prior to Court action. This can often resolve a case successfully, or identify partial solutions that reduce the time and cost incurred if the case does go to Court. Even in these situations, mediation is often helpful. Even if all issues are not resolved, you may be able to reach a partial agreement and reduce the time and cost if the case goes to Court.
What if we are already involved in litigation through the Court?
The mediator will be able to meet with the parties separately or together, depending on the situation and comfort level of all participants. You will not be forced to interact directly with the other party if you do not wish to do so. In the case of mediation conducted remotely, the mediator utilizes “breakout rooms,” so that the parties can be in separate virtual spaces, without having direct contact.
What if I don’t feel comfortable talking with my former spouse or partner?
You are welcome to bring a partner, family member or friend with you to mediation. Your mediator will request that they not be included in joint meetings unless all parties are agreeable to this. However, you may include them in your individual sessions with the mediator. There is also a comfortable waiting room where they may sit if you wish to have them accompany you without participating in the process.
Can my significant other or family member attend mediation with me to provide input and/or support?
The cost of mediation is typically divided equally between the two parties unless a Court Order or agreement between them states otherwise.
Who pays for mediation?
Most mediations are attended remotely by the parties, their attorneys, and/or other professionals through the use of Zoom. However, mediations can be scheduled in person, if preferred.