Mediation


#1

My ex’s attorney(defendant) has suggested mediation over all unresolved matters, move out of state custody and ED. I agree it will help since our case is going over 2 years due to his deployments. But I have explained to my attorney that my ex has already sent me a email as recent as 2 weeks ago saying he will not agree to my move. I believe his attorney is aware as well. I do not understand why the defendants attorney is still suggesting mediation.

How does mediation with our attorney’s work? We are scheduled for trial in 2 months but I don’t want to pay huge attorney fees for mediation if it isn’t going to settle anything then pay more just to go to trial.

With ED and move away, how long does it take to settle?

We have been to court order mediation for custody and have a parenting plan.


#2

Mediation will have a fee involved for the mediator, which the two parties should split. You will need to find out from the mediator what the cost per hour is. Of course, your attorneys may also be billing for this time too. If you do go to mediation, then you should try resolving the move away issue first, since if he’s unwilling to negotiate on that point, then there’s no point in you staying any longer and paying the fees. Just let the mediator know that this is your number one priority, and you need this issue discussed first before you proceed any further.


#3

So there is a mediator( third party) and the attorneys?

Can we just have our attorneys negotiate among themselves without involving third party?

The reason I ask is because the opposing counsel requested mediation yet hasn’t attempted to resolve any issues in the past. Could it be possible the judge inquired about us doing mediation first because of the length of time the case has been open?


#4

Yes, you can just have it between the attorneys instead. This is referred to as a settlement conference. However, it’s probably unlikely that this will work for you since you said opposing counsel hasn’t been willing to negotiate much in the past. A good mediator can faciliate a settlement better in trickier cases and will work with both sides to compromise.