What Should You Expect During the Mediation Process

Neutral & Unbiased

As a mediator, it is my duty to remain neutral and unbiased during the process.  I listen. I facilitate the discussions.  I do not make any decisions or force my opinion.  The process is about you.  I am here to listen & assist parties in reaching what you feel is a fair and lasting agreement. 

Mutual

Mediation requires committed participation by both parties.  For this reason, each party is expected to pay 50% of the costs, unless otherwise agreed upon BEFORE the mediation process begins. I will not arrange meetings, in which a party cannot attend.  And, each session only begins AFTER both parties arrive.  (The session time begins at the start of the appointment.) 

Confidentiality

Any discussions, documents, artifacts, and behaviors      (positive or negative) that occur during or are related to the sessions cannot be shared in court. This allows for open dialogue mitigating the fear of court-related repercussions. 

  • Also, see Leary       v. Geoghan MA App.       Ct. 2002-J-0435.
  • Massachusetts       General Laws, Chapter 233, Section 23C provides for confidentiality of a mediator’s work product, including memoranda and case files.   In addition, oral communications made in the course of mediation (other than labor dispute mediation) in the presence of a mediator by any participant, mediator, or others are considered a       confidential communication.  Neither the written nor oral communications are subject to disclosure in a judicial or administrative proceeding. (Source

Transparent with All Parties

I disclose all information, including documentation, with all parties. There are no backroom deals or discussions.  There are no secrets between me and the “other” party.  The process is fair, collaborative, and driven by openness and integrity

My Thoughts

Only if requested or in some instances of stalled negotiations, I may share with both parties potential outcomes given the information shared.  You are always free to make your own decisions – that is not my job.  My expertise is many areas equip me with an understanding of how a single outcome can impact several (sometimes seemingly unaffiliated) areas.

Driven By Your Vision and Your Mission

 Negotiations and mediation are meant to end with a fair written agreement. The process is intended to be as quick and painless, as possible. In the beginning, we work to identify the mutual (and individual) goals for the outcome of the mediation. That may include child support, visitation, spousal or elderly care, disposition of any business or assets, education, and more. You decide. 

Respectful

Often the process can become stressful since both parties are passionate about their expectations and desired outcomes.  The #1 rule of any mediation in which I am involved is RESPECT.  I will respect both parties without bias.  I will foster an atmosphere of mutual respect between both parties during the mediation sessions. My goal is to allow for open discussions of facts and feelings in a non-hostile environment.

Free to Change Your Mind

At any time during the process, either party is free to change their mind. This may happen several times. Keep in mind, any agreements made in mediation are not binding until legal documents are signed. I do not want you to feel pressured to agree or stick to a decision. In fact, as the mediation process occurs, change is important to the process. I will help manage the changes and re-open previous discussions, if both parties agree 

"YES" to Attorneys

I am NOT an Attorney.  I AM a trained mediator. Either or both parties are encouraged to retain consulting attorneys and are free to consult with them at any time. Transparency, respect, confidentiality, and support extends to your attorney.  Discuss attorney privilege and confidentiality with your attorney of choice.  While I do have a list of attorneys, I do not make referrals.  This keeps the process neutral.  

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Frequently Asked Questions (FAQ)

See our list of frequently asked mediation questions