Mediation FAQs

Mediation can be used to help people reach agreement on all kinds of issues, especially those involving families where relationships matter. The following are answers to common questions about mediation.

What is mediation?

Mediation is a voluntary and confidential process for resolving disputes with the assistance of a neutral third party, a mediator.  It is often defined as “assisted negotiation” because it helps people talk with each other to negotiate issues and reach agreement.

Mediation is informal and flexible. It is designed to help people communicate better and solve problems in ways that work and make sense for those involved.

A collaborative process, mediation is client-centered. That means it keeps control over decision making in the hands of the parties themselves and seeks to enable people in conflict to work together to overcome differences and create mutually acceptable solutions.

What does the mediator do?

The mediator does not act as a judge or provide legal advice but instead serves as a neutral facilitator helping parties have the kind of productive conversation that people in conflict typically have difficulty having on their own successfully.

The mediator assists the parties to clarify the issues, resolve differences, and reach resolution. The mediator also works with parties to test assumptions that block resolution and address barriers to agreement.

What benefits does mediation offer?

  • Privacy. Communications made during a mediation are privileged and confidential.
  • Choice. Mediation is fully voluntary. All the parties participate because they have chosen to.
  • Convenience. Mediation sessions can be set up to meet the schedules and needs of the parties.
  • Informality. Unlike court, mediation has no formal rules or procedures. It is an informal and flexible process.
  • Control. The mediator does not impose decisions on the parties. Instead, all decision making remains in the hands of family members themselves.
  • Save money and time. Mediation can reduce the costs of conflict by helping individuals resolve disputes and move forward with their lives.
  • Collaborative. Mediation can help people improve their relationships and communicate better with each other.

What kind of disputes could mediation be used for?

Mediation has been used successfully in many kinds of disputes, even in cases involving long-standing conflict. These include but are by no means limited to those that involve:

  • Divorce and separation
  • Family and family business
  • Decisions involving elders
  • Estate planning and probate issues
  • Real estate
  • Condominium and homeowners associations
  • Community and neighborhood
  • Non-profit organizations
  • Churches, synagogues, and other religious organizations
  • Personal injury and insurance
  • Commercial disputes
  • Business and workplace
  • Employment discrimination

Mediation, however, is not appropriate for all disputes, such as cases when domestic violence is present.  Let the mediator know if you have specific concerns.

How long does mediation take?

That depends upon a number of factors and varies from case to case. Every family situation is different, and some issues can be resolved more easily and in less time than others. Some family disputes involve multiple or complex issues, need the participation of a number of family members to address, or resolving them will require family members to make major decisions that must be weighed carefully.  In the case of divorce, spouses may require several sessions to address a range of issues and need time to gather relevant information or seek the advice of accountants or other professionals.

What about cost?

People use mediation to control costs and avoid the expense of a prolonged battle in court. Studies have found that mediation can be a less costly alternative to litigation.

My mediation services are charged on an hourly basis for:

  • time working with clients at the mediation table
  • drafting documents that clients have requested
  • speaking or corresponding with other professionals retained by clients

However, I believe that clients should be able to contact me with questions or concerns between mediation sessions without worrying that the meter is running. I therefore do not charge for

  • phone calls with clients
  • sending clients emails or replying to clients’ emails

Mediation fees are usually shared by the parties unless a different arrangement has been made.  For information about fees, please contact me.

What happens if we don’t reach agreement?

If you are unable to reach agreement through mediation, you will be able to pursue other methods of resolving your dispute. Be aware though that under Massachusetts law the mediator cannot be subpoenaed to testify about the mediation.

Will I need a lawyer?

Mediation is a way to resolve interpersonal conflict in a collaborative, non-adversarial way. Mediation is not “legal services lite”. It is not intended to be a substitute or replacement for legal services. You are encouraged to obtain legal advice from a licensed attorney.

I’m an attorney admitted in Massachusetts, but when I mediate I am not acting as an attorney or providing legal advice or legal representation to any of the participants. Working with me does not establish an attorney-client relationship. You may also need to speak with other professionals who can provide you with advice to help you make informed decisions. This might include an accountant, physician, therapist, appraiser, or others whose advice may be necessary.

More questions?

Please get in touch.