Mediation FAQs

Common Questions about Mediation

We’re here to provide clarity and guidance.

Does the Mediator represent the parties as an attorney?

No. If the parties hire one of our mediators, they are the mediator for both parties and will not represent either party as their respective attorney.

Should I have an attorney for Mediation?

Yes. We recommend that both parties have attorneys of their own, so that if any legal questions of fairness are asked, that party can refer to their attorney for questions and preparation for mediation.

What is required for Mediation?

In Divorce Mediation, specifically, full and fair financial disclosure is required – meaning, all of your documents showing, income, assets, liabilities, etc., should be disclosed to the mediator and the other party – so that a fair and reasonable resolution can be reached.

In Custody Mediation, what are we discussing? What are the issues? If the matter can be mediated, our experienced mediators will find a way to assist the parties in coming up with an agreement.

In Support Mediation – the parties’ income from all sources is required to figure out the amounts of Child Support and/or Spousal Support/APL.

How long does the mediation process take?

That depends on the willingness of the parties to engage in mediation. Mediation is a voluntary process, whereby the parties agree not to litigate (go to court) and attempt to resolve the issues in divorce, custody and support. Here at EGL we offer in person mediations with both parties or via Zoom/Teams to accommodate the parties’ busy schedules.

What is the goal of Mediation?

In divorce, the goal is to get to a Mediated Property Settlement Agreement (sometimes called a Memorandum of Understanding) that divides all the assets and liablities according to the terms that the parties reached in mediation.

In Custody it is a Agreed Custody Order – that will delineate the terms of the parties custody agreement – whether it is shared legal custody, shared physical custody, etc.

In Support – it is an Agreed Support Order – that will show what the parties agreed with one party paying support to the other party. It could be for Child Support, Spousal Support/Alimony Pendente Lite; or after divorce Alimony.

For more detailed information or specific queries, please contact us.

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