Mediation FAQ

Mediation: The Alternative to Litigation

Frequently Asked Questions:

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How is mediation different from litigation?

When a dispute is litigated, each side retains an attorney and all the disputed issues of fact and law are resolved by the court or subject to the court’s approval. The court retains control of the timeline by calendaring all court appearances up to and including the trial. Depending on the level of court congestion, getting to trial can take years and require numerous court appearances by attorney and client. The parties must pay court costs, attorney’s fees, and litigation costs, all of which may mount over time. Very few aspects of the case can be controlled by the parties themselves.


By contrast, a dispute can be mediated by the parties with or without retaining an attorney. The mediator is a trained neutral person who assists the parties in reaching an agreement on their own terms. The parties can schedule the mediation to fit their own timeline. For most cases a quick resolution is possible, if that is what the parties want. We charge a basic hourly fee of $350, which includes the services of one or two mediators and meeting space in our office. We are willing to consider a sliding fee scale for parties who might not otherwise be able to afford mediation.

What happens during a mediation?

Our office offers a blend of mediation styles which can include involvement of more than one mediator (co-mediation), face-to-face facilitated discussions among the parties, separate discussions with the mediator (caucusing), and participation of experts in finance, property appraisal, eldercare, or counseling as needed to reach informed agreements on the issues. Our mediators prepare by reviewing statements from the parties and/or their attorneys in advance of the in-person mediation meetings. The schedule and format is worked out by agreement of all the parties. Once each party’s goals and concerns have been identified, the mediator will help them map out their own path to resolution together.

What kinds of disputes can be resolved in mediation?

Any dispute that could be the subject of a legal case can be resolved in mediation. Contact Us to discuss probate or inheritance problems, real estate disputes, Homeowners Association conflicts, issues between neighbors or roommates, landlord/tenant disagreements, or discord among family members regarding eldercare, financial arrangements or other concerns.

is all mediation conducted in person?

No. We offer mediation services through online video chat as well as in person at our office.

Do you provide translation support during mediations?

Yes, we offer in-house Spanish language translation services. We also may be able to contract translators for additional languages as needed.