FAQ
What is mediation?
Mediation is a time-tested process that helps people resolve problems and misunderstandings that come up in everyday life. It’s an opportunity to hear and be heard, and to take a fresh look at what’s going on. Mediation works best when participants are ready for change.
How do I set up a mediation?
The first step is a phone call to discuss your situation and confirm that mediation is right for you. At that point I contact the other party or parties and make sure they’re also willing to participate.
When the mediation is confirmed, you pay a deposit and we set a date. Many mediations can be concluded in one session. However, every situation is different and will be addressed on a case-by-case basis. If circumstances require multiple mediators or outside experts I will work with you to assemble an appropriate team.
Where does it happen?
I prefer a neutral location and so generally we will meet in my eastside Santa Cruz office. In some circumstances I can come to you, and thanks to technology
How long does mediation take?
Though many mediations conclude after a single session, the length of a mediation depends on the situation. Multi-party conflicts or complicated circumstances may require additional time and an uncontested divorce usually takes two to four sessions.
Is mediation a legal process?
Mediation is not a legal proceeding and mediators do not offer legal advice.
Mediation offers a way to find solutions without the expense and turmoil of litigation. It provides an alternative to the stress of legal proceedings and is helpful in re-establishing communication among and between conflicted parties.
Can I use mediation as evidence in court?
Discussions that take place during mediation are not admissible in court and by California statute, mediators cannot be called to testify in legal proceedings. However, agreements made during mediation may be submitted with the permission of the participants.
Is mediation the same as arbitration?
While both mediation and arbitration can be alternatives to litigation, they are very different procedures.
Arbitration is a legally binding proceeding in which a third party hears arguments and renders judgment. It is slightly less formal than litigation but there is no avenue for appeal. Commercial contracts for common services (phones, credit cards) often require that customers submit to arbitration in case of dispute.
Mediation provides a cooperative forum for resolving differences. Mediators are impartial facilitators who work with two or more parties to develop solutions that best serve the collective interest. As they guide parties through the process, mediators remain neutral and do not make decisions. In mediation, people in conflict generate their own solutions.
There are different styles of mediation. I offer a facilitative process, seeking to restore balance where rifts occur in communication among family, business associates and community members. Where appropriate, I try to affirm the inherent connectedness of the people in the room and – where appropriate – incorporate personal development into the process.
What does the term “evaluative” mean?
In the evaluative model, the mediator plays a proactive role, providing feedback on the effectiveness of various arguments and guiding the disputants towards resolution by providingt information and insight into likely outcomes.
What’s the difference between a mediator and a therapist?
Mediation focuses on resolving a particular conflict or dispute, on healing a rift, and to that extent it is a therapeutic process. Mediation does not generally offer insight into psychological makeup.
Is there more than one kind of mediation?
Yes, there are different styles of mediation. Most true mediation styles are based on the premise of client-directed solutions. See the “About Mediation” page for information about different mediation styles.
How much does mediation cost?
Mediation is far less expensive than litigation. My time is billed hourly so the cost depends on the services provided. I offer reduced rates for low-income clients.
There is a one-hour charge for appointments that are missed or not cancelled 24 hours in advance.