MEDIATION


MEDIATION SERVICES 


If your goal is to work out a solution and spend less time and money going to court, try Mediation.

Mediation is a process where both parties come to the table with the open mind to work out solutions through the guidance of a neutral person, the mediator.  The role of the mediator is to provide a safe environment and to facilitate communication between the parties.  Not only has it been useful in helping families going through a divorce or separation, it also helps in repairing the relationship.  Mediation can be used for just about anything where parties need guidance in communication and problem solving.  

Mediation is a voluntary process, meaning the other party has to agree to participate. Mediation is also a confidential process.  The agreement whether verbal or in writing is not admissible in court, unless both parties agree in writing that it can be used as evidence. Since the mediator is a neutral party, the evidence code protects the mediator from testifying in court.  

The mediation process begins an intake sheet and initial consultation. The mediator then invites the other party to mediate. If there is no agreement to mediate, then your next step would be to go to court.  If parties agree to mediation both will need to sign a mediation agreement.   A typical mediation lasts about three to four hours and may require a follow up session.  

Mediation is good for you in the following situations:

  1. You have an open mind to genuinely attempt to resolve a problem.
  2. Both parties desire to work on a plan to resolve issues related to your child(ren).
  3. You want to work on a fair settlement.
  4. You want to be able to express your concerns in a safe environment.
  5. You have an issue dealing with child support, custody, visitation and division of property.
  6. You have a small claims dispute, which you believe can be resolved before going to court.
  7. You need help from a neutral person to assist you in proper communication.

To get started, please fill out the online intake and click submit. We will then contact you for the next steps.  

Mediation Rules:


Lisi Munayco will conduct the mediation process according to the wants and needs of the parties. Mediators do not give legal advice, make legal decisions or declare someone the winner.

Fees:

Mediator rates are $200 per hour (not per person).  There are no “set up” fees or other hidden extra charges.  A deposit of the first three hours is required and is fully refundable until 5 days before the scheduled mediation. If a mediation date is cancelled with less than 5 days notice, a $200.00 cancellation fee is charged.  There are no other hidden charges.

Drafting Document Fee:


The mediator can draft a partial or full agreement or marital settlement agreement for an additional flat fee of $200.00.

Drafting Legal Documents:


Drafting court documents, for example paperwork in a divorce, would require a separate retainer agreement and separate fees.  This is only an option for parties who do not have any legal disputes and have worked out a full agreement.  The mediator will not represent any party, and will not give out any legal advice as that will raise a conflict of interest.  You are advised to seek your own independent counsel.

Mediation Attendance:

All parties who have authority to finalize a settlement must attend the mediation so that the parties can have an effective mediation with finality. 

Summaries:

We ask that parties to the mediation prepare written statements about their issues and concerns and submit them at least 2 days before the mediation date.  This will assist the mediator to appraise all of the issues at stake as well as the procedural background of the case, including prior settlement offers and demands. If you want your statement to remain confidential and not be shared at the mediation, please state so on the first page of your written statement. 

Confidentiality & Retainer Agreement:

All participants must sign a Confidentiality Agreement before the mediation begins.

Initial Consultation Fee $60.00/hour

There is a standard initial consultation fee of $60.00 per hour.  You are welcome to bring all of your paperwork for the initial consultation, including financial information to determine your sliding scale hourly rate.