Frequently Asked Questions
How does mediation work?
Mediation is a voluntary, confidential process in which a professional mediator can help parties discuss and explore interests, needs, goals and solutions for difficult issues. Mediator and parties meet in a conference room for two hour sessions. The mediator may caucus privately with each party where they can confidentially explore options. However, most of the sessions involve both parties and the mediator meeting together, listening, clarifying, defining and exploring needs and goals while working toward equitable agreements.
The Mediator does not make decisions for you. However, by using a collaborative, future oriented approach, a mediator can help facilitate solutions that may not have been possible otherwise.
How long will mediation take?
Since each client and each settlement is unique, there is no clear answer to this question. Some issues can be settled in one or two sessions. For divorce, the minimum number of two hour sessions needed is three. Most divorcing couples use 5-10 sessions. The following factors will effect how many two hour sessions you will need to reach an acceptable agreement:
- your ability to deal with each others' differences
- complexity of financial situation (assets/debts) and children's issues
- amount of agreement and disagreement on issues
- ability to speak for yourself about what you want
- ability and willingness to collect necessary financial information
How often are sessions scheduled?
This is entirely up to you. Sessions could be scheduled once a week, once a month, or a few during one month and then one several months later. The scheduling is flexible enough to fit your specific needs, but frequent enough to accomplish your goal of reaching a settlement.
Will I need an attorney?
Many clients find a legal consultation provides a useful perspective on their situation, but it is not required. If you are seeking a divorce, I recommend that your lawyer advise you on your rights, obligations, and options, as well as file the necessary court documents for you. However, in mediation you will do all the negotiating directly with the other party. You always retain the right to seek legal advice, regardless of the issues being mediated.
Who will be my mediator?
Susan L. Howard, Esq. is the Mediator at The Mediation Center of Peterborough. Susan is a Family Law Attorney. She began her law career in 1981 as a State and Federal Prosecutor. For more than 20 years she has been in private practice concentrating in divorce and family law, both as a mediator and an attorney.
Does a mediator make a decision regarding my divorce?
No. A mediator's job is to facilitate an agreement by helping the parties explore the options and develop their own solutions. Once the parties reach and sign an agreement, the proper documents must be filed with the court to obtain a legal divorce.
I'd like to use mediation, what's next?
Call or e-mail us and we will arrange a phone conversation and/or an initial session with both parties at a mutually agreeable time.
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