Frequently Asked Questions about Divorce Mediation

1. What is Mediation?

Mediation is a process where an independent person assists the parties in coming to an agreement. The following video introduces the process.

2. What are my options in divorce and mediation?

To explore your divorce and mediation options, click here.

3. Is mediation mandatory in divorce or optional?

Mediation is mandatory for most custody and placement disputes, but voluntary for economic disputes.

4. Are there different types of mediation and mediators?

Essentially, there are two types:

• Evaluative mediation involves the mediator express opinions as to proposals and can make their own proposal. Herman Mediation Services practices under this model.
• Facilitative mediation entails mediators simply relaying proposals back-and-forth.

5. If the parties have lawyers, are they involved in the mediation?

Sometimes yes, sometimes not. See our section on divorce and mediation options for more information.

6. Is the process confidential?

Any settlement proposal made in mediation, be it by a party or the mediator, is completely confidential.

7. How often is mediation successful?

While we don’t have any data, it has an extremely high success rate. This is true even where the parties start the process miles apart in their approaches to settlement.

8. What choices are there for a mediator?

There are essentially three different types of mediators. For custody and placement disputes, often a mediator trained in child development, such as a social worker or psychologist, is frequently the best option.

For financial issues, mediators are usually former judges or senior lawyers. Former judges are preferable mediators for certain cases and issues and senior lawyers for others.

9. Are the parties in the same room during the mediation?

Sometimes. It is most efficient for the parties to be together, at least when drafting and executing documents. However, sometimes the parties are more comfortable meeting separately with the mediator in what is called “shuttle mediation” where the mediator goes back-and-forth between the parties. This can be done in person, on the telephone or even via email. As with much else, there is no “one size fits all” and at the initial consultation, the parties can discuss with Attorney Herman which method would likely work best in their individual case.

10. Is mediation cheaper than litigation?

Almost always, YES!

Even if mediation fails to reach a universal agreement, it generally narrows the issues sufficiently to make a subsequent trial less expensive. Plus, Herman Mediation Services offers flat-fee pricing to minimize your costs.

11. Are there are any down sides to mediation?

If mediation fails to reach an agreement and fails to even narrow the issues for trial, the cost of a failed mediation process is a down side.

12. What is the cost for mediation?

Herman Mediation Services offers two options: One is an hourly rate option. The hourly rate depends on a variety of factors, but ranges between $250 and $500 per hour. The other option, available on in certain cases, is a flat fee, which varies depending on the facts and circumstances of each individual case. For specifics as to your case, please contact us.

13. How would I start the mediation process?

A FREE initial screening by telephone is your best option. Just call Herman Mediation Services at (414) 272-5632.

If your screening is free of conflicts of interests, Attorney Herman typically meets with the parties for a FREE one half hour consultation to get more information and discuss options.

If Attorney Herman believes that the case is appropriate for mediation, he will provide a fee agreement and let the parties know what documents he will need. The parties can make arrangements at that time to go forward or think it over. There is no obligation to move forward following the consultation.

14. What’s involved in the Mediation Process?

For a full overview of the divorce mediation process, please click here.

14. What are the Benefits of Mediation Over Divorce?

For a full discussion of the financial and other benefits of using mediation instead of traditional divorce, please click here.