Frequently Asked Questions
No. While it may be strongly encouraged by judges and magistrates, mediation is always a completely voluntary process.
No. The Mediator’s role is not to judge or decide your case. The Mediator’s job is to facilitate and assist the parties in reaching their own agreements.
No. While the Mediator may be a licensed attorney, he is not acting as an attorney in a mediation. This means that he is not representing either party, and will not be giving any legal advice. He may, if asked, provide legal information to the parties based on his experience in the legal profession, but only to assist them in reaching their own agreements.
Mediation is a confidential process, and anything said in mediation is protected and privileged, meaning none of it can be admitted as evidence in court and neither the parties nor the Mediator can be forced to testify as to anything said in mediation. There are exceptions. For example, any information as to abuse of a child or an elderly person must be reported by the mediator. Mediation also cannot be used to perpetrate or plan any criminal activities. But generally speaking, all communications are protected.
The cost of mediation is divided between the parties. Mediators at Clear Path Mediation Center, LLC charge an hourly rate of $250.00 per hour, with each party being required to deposit 2 hours of Mediator time at the onset. Some cases may resolve themselves within the time covered by this deposit amount, while others may take longer. While some cases may be more, on average parties can expect to pay $500 to $1500 each for the completion of the process.