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MEDIATION FAQ

Question. What is mediation.

A. Mediation is the process in which a third-party neutral facilitates communication between two or more parties to assist them in coming to an amicable resolution of their issues.

Question. Is a mediator like a judge?

A. No. A mediator may be a licensed attorney but is not required to have any specific licensure. Regardless of legal training, a mediator does not make any decisions about your case and cannot force you to do anything. The mediator tries to assist the parties reach their own agreement.

Question. How does mediation work?

A. To start, the mediator will either meet with everyone together or may have each party in a separate room. The mediator will explain his/her role and the process and get a brief overview of the situation and issues the parties want to discuss. Then the parties are taken to separate rooms and the mediator moves back and forth having separate discussions with each party. Throughout this process the mediator will be attempting to voice your concerns and issues to the other party, find areas of agreement, help find creative solutions, and hopefully, help you reach an agreement.

Question. What if mediation is not successful?

A. All parties still have the option to file a lawsuit, hire attorneys, or take any other legal action they had prior to engaging in mediation.

Question. Do I need an attorney?

A. No, you do not need an attorney to participate in mediation.

Question. If the mediator is a lawyer, whose side will they be on?

A. The mediator will not take sides or advocate on anyone’s behalf. If the mediator is a licensed attorney, he or she may provide information on what the law is regarding a certain issue and may answer basic legal questions but will not give you legal advice or directions because the mediator is not serving in the role of an attorney.

Question. How long does mediation take?

A. That depends on the parties. At KYA Law, we typically schedule a mediation session for 2-3 hours. At the end of that time, if there is no agreement but progress is being made, we will schedule another session. Mediation is voluntary, so it’s up to the parties how long to work on a mediated solution.

Question. How much does mediation cost?

A. Mediation is must less expensive than court action. There is usually a one-time administrative set-up fee and then an hourly rate that can range from $150 to $500 per hour. At KYA law, there is a one-time fee of $200 and then $200 per hour with a one hour minimum. Unless other arrangements are made, the parties usually split the fees.



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