Frequently Asked Questions About Mediation:
What is private confidential mediation?
Private confidential mediation is a voluntary, cooperative process that resolves disputes by
empowering the participants to make their own agreements and keep full control of the outcome.
Mediation emphasizes open communication, an honest exchange of information, respect and reciprocity
to resolve disputes about custody, support, and property.
Mediation occurs in private, closed-door sessions that allow you to keep the intimate details
about your relationship, your children, and your finances out of public view and the public record.
Private Mediators do not make recommendations to the Court – in fact, the discussions that
you have in mediation are totally confidential and are highly protected from disclosure by the mediator, or by either party, in court.
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What benefits does mediation have over going to Court?
In mediation, you make your own agreements rather than allowing judges and attorneys to decide what
is best for you. Compared to people who chose litigation (court), you will likely spend less money,
resolve your case faster, be less stressed, and feel better about the outcome.
Mediation respects your privacy. Litigants (people who chose to go to Court) conduct hearings in
front of the public, and all of the documents they file become part of the public record, allowing
anyone to see the intimate details of their lives, their children, and their finances. Mediation,
on the other hand, allows you to keep these private things confidential.
No one but you and your co-parent should make decisions about your children. In litigation, the Court
can take away your decision-making power and place it in the hands of third parties. The Court can
even take your children out of your custody and place them with a third party. If you choose mediation,
NO ONE will take away your power to decide what happens with your children, and there is NO chance that
your children will be taken from your care against your will.
Mediation teaches you new ways to communicate with your mediation partner, which prepares you to
deal with future conflicts in an empowered, respectful manner. Litigation makes you fight against each
other, but mediation gives you tools to work together – now, and in the future.
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How much does mediation cost?
Since each mediation is unique, there is no “average” cost. Generally, mediation costs significantly
less than hiring attorneys and going to Court – some statistics say 75% less. Many mediators Sacramento,
El Dorado and Placer Counties charge retainers of $2000 to $5000, plus ongoing costs of up to $1000
or more for each mediation session. We offer something different: unique flat-fee packages that allow
you to choose a mediation package that suits your needs, and then pay one flat fee to cover all of the
anticipated mediation services. All-inclusive mediation packages are priced from $2500 to $7500.
Limited-issue mediation sessions can be purchased for $825 each. All packages include your attorney-drafted
court documents and orders, as well as calls, letters, and preparation.
Finances are tight in almost every mediated divorce, but our clients find comfort in knowing what to expect.
To find out more about our unique cost-saving options, book your free mediation consultation today.
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How long will it take to resolve my dispute in mediation?
Since you set the pace in mediation, the amount of time you spend resolving your dispute is totally up
to you. Unlike in court, where you may wait months to get your first hearing, in mediation you start
working on resolution right away, and you can often resolve your entire case in just a few months. On
the other hand, you can choose to proceed more slowly, if that makes more sense. Either way, it is
up to you.
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Is the mediator equipped to deal with complex financial and parenting issues?
If your case has issues of special complexity, mediation gives you the option to bring in a specialized
professional as a co-mediator at no extra charge to you. For example, if your case has complex financial
issues, you can choose to bring in a certified divorce financial analyst, who can provide guidance about
diving assets equally while minimizing tax consequences and preserving wealth. If you are faced with
difficult parenting or child-rearing issues, you may wish to co-mediate with a trained child specialist.
In other cases, you may have assets of uncertain value, such as a business or a pension. In this instance,
you can choose to have those assets valued by an appropriate professional, which gives you the information
you need to make an agreement about the asset.
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How do you stay neutral as a mediator if only one person contacts the office?
A trained mediator can discuss your case with the calling party while remaining neutral and impartial to
both sides. Usually, a mediator will have a telephone call with each of you prior to the first mediation
session, just to ensure that both of you have an equal opportunity to provide input. The mediator will
use those telephone calls to help you determine whether to take the next step and set up a mediation
orientation session. During those calls, the mediator will not ask for any details of your case or for
confidential information. When you come in together for your free mediation orientation, you will both
have the opportunity to meet the mediator, and make a joint decision about choosing mediation.
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Can I have my own a lawyer? Do I need one?
You each may retain independent attorneys to consult with you individually throughout the process,
but it is not necessary. It is recommended that you choose a trained attorney who understands and
respects the mediation process. The mediator will be able to provide recommendations.
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How do I prepare for mediation?
The mediator will work with you throughout the process to ensure that you are always prepared for success.
First, book your free mediation orientation. You and your mediation partner will have the opportunity to
learn more about mediation, have your questions answered, and get information to help you decide whether
mediation is right for you. You do not have to make a decision right away.
When you do commit to mediation, you will sign a contract, pay your retainer fee, and book your first
mediation session. At your first mediation orientation, you will be provided with a mediation workbook
that will help you prepare for an organize your mediation process.
After every mediation session, you will be provided with a letter that reiterates all of the agreements
and progress that you made, and prompts your preparation for the next session.
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Is mediation right for everybody?
No single dispute resolution option is right for everyone. Mediation, in particular,
may not be suitable if one or both parties has unmanaged substance abuse, mental health, or
anger-management issues. If you do not want to agree, or you are unwilling to be flexible,
then you are not ready for mediation. A mediator will help both of you evaluate your readiness
for mediation, either during your initial telephone call, or during your orientation session.
If you have questions about litigation, please check out our litigation page.
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