Frequently Asked Questions about mediation

  • Mediation is an alternative dispute resolution process, which means it’s a way of resolving a legal disagreement without going to a court hearing and allowing a judge to determine the outcome. A neutral, trained mediator listens to each party's concerns and goals and works to facilitate an agreement between them.

    The process is straightforward. Generally, the parties remain in separate rooms (or virtual rooms) for the duration of the session, with their attorneys if they have them, although the mediator may decide to bring everyone into the same room at times, provided the parties do not object. The mediator begins with an opening statement in each room to make sure both parties understand the process and the ground rules, then goes back and forth between the rooms working toward a comprehensive agreement. Finally, as agreements are reached, the mediator is permitted to memorialize those agreements in the form of a mediated agreement, which the parties sign at the conclusion of mediation and which is then typically filed with the court.  

  • Mediation can take place either via videoconferencing or in person.

    The majority of my mediations take place by Zoom, where I am able to move between breakout rooms and review and share documents with the parties on screen. However, I am also happy to mediate in person at the office of one of the parties’ attorneys if space is available and the parties prefer.

  • You are not required to reach an agreement, even if the court has ordered you to attend mediation. If you don't reach an agreement and you end up going to court, no one can testify about the offers made during mediation.

    People very often reach full agreements resolving all outstanding issues. Even when a full agreement isn't possible, a partial agreement (resolving some issues while leaving others for a court hearing) may still be an option. If no agreement is reached, the mediator will notify the court, without further comment, that the parties were unable to resolve the pending issues. In Indiana, the mediator does not have the authority to make decisions or recommendations to the court.

  • In domestic relations mediation, parties can address division of property, spousal maintenance, child custody, parenting time, child support, and other child-related issues. Mediation is commonly used in divorce, post-divorce, and paternity cases, but can also be used in other family law matters such as guardianships, grandparent visitation cases, and, occasionally, adoptions.

  • If both parties agree to participate, no court order is necessary.

  • Mediation is typically scheduled as a half day (four hours) or a full day (eight hours), depending on the complexity of the issues involved. If progress is being made but time runs out, the parties can agree to schedule a second session.

  • Mediation is an informal process that gives you the flexibility to be creative and devise solutions tailored specifically to your family and your goals. If child-related issues are involved, mediating may be a better way to foster a positive co-parenting relationship than participating in a contested custody or parenting time hearing.

    Mediation also offers privacy. In most court proceedings, hearings are open to the public, which means others may be present during the presentation of very personal evidence. Keep in mind, however, that mediated agreements in family law matters are typically filed with the court.

    Mediation can allow you to resolve your matter more quickly than waiting for a court hearing and then waiting for the court to issue an order afterward.

    Finally, depending on the circumstances, mediation can be significantly less expensive than going to court.

  • Yes. In Indiana, mediation is governed by Rule 2 of the Indiana Rules of Alternative Dispute Resolution.

  • Depending on the issues being addressed, the following resources may help you prepare for mediation:

    ·       IndianaLegalHelp.org

    ·       Indiana Child Support Calculator

    ·       Indiana Parenting Time Guidelines

    ·       Financial declaration form for your county (Monroe County's form can be accessed here; other counties use different forms)

  • My rate is $225 per hour, split equally between the parties unless a court order or agreement provides otherwise. Payment is due immediately upon the conclusion of mediation and can be made by credit card, debit card, or electronic check.

  • I can conduct Zoom mediations with parties with a family law case in any Indiana county. For in-person mediations at your attorney's office, I'm available in Monroe County and surrounding counties.

  • You can see my real-time availability and schedule mediation here. If you would like to schedule an in-person mediation, please choose the full-day option.