Frequently Asked Questions

What is mediation?

“Mediation is the process by which an alternative dispute resolution (ADR) professional, called a mediator or ‘neutral’, helps the parties reach a resolution of their dispute. It is a non-binding process involving joint and separate meetings of the neutral with the parties in which the role of the neutral is as a facilitator and intermediary....

The mediation process also serves as a forum for airing emotional differences that may stand in the way of resolving conflict, and thus, may help facilitate a settlement that both sides can be satisfied with much earlier in the adversarial process than could otherwise be reasonably expected.” (cited from www.mediation.com)

Mediation provides the parties with maximum control over the solution and an opportunity to have a fair settlement to the identified concern(s).

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Do I need a lawyer?

A lawyer is not required for participation in mediation. It is always advisable to receive legal advice before signing any agreement.

Olive Branch Consulting provides parties with a lawyer-drafted agreement, however it is important that parties also have their own independent legal opinion prior to signing a document.

How much does mediation cost?

While cost is linked to the number of issues to be addressed and subsequent time needed, mediation almost always costs less than going through an expensive court and legal process. Legal and court fees can cost thousands of dollars and often there are no winners at the end. On average, a mediation including several moderately complex family issues could cost from $1000 to $1500. With more complexity and need for discussion the cost may increase. However, even if the parties hire a lawyer to provide some legal advice prior to signing an agreement the cost will likely still be less than court.

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How long will it take to get a mediated agreement?

An average mediation process can take from 7 to 15 hours of direct mediation time. Additional factors include time constraints regarding accessing necessary information and scheduling issues.

The other party is requesting mediation and I am concerned that the process will be biased towards them. How can I be sure mediation will benefit both of us?

It is extremely important that you feel confident that your mediator is working for both parties and not “taking sides”. Feel free to ask the mediator questions regarding your specific concerns before and during the mediation. Leanne Harder is accountable to several professional codes of conduct. For information on these standards see the links below:

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Creating Calm Out of Conflict   |   © 2005 Olive Branch Consulting

Olive Branch Consulting — Creating Calm Out of Conflict