Why Should I Choose Mediation?
IT'S A WIN-WIN: People who mediate reach solutions that are mutually satisfying.
IT'S LOW-COST: Clear Creek Mediation Center provides mediation at lower costs than going to trial.
IT'S CONVENIENT: Sessions are scheduled during day or evening hours.
IT'S EFFICIENT: Most mediations are scheduled quickly.
IT'S EFFECTIVE: 85-90% of people who choose to mediate reach resolution.
MEDIATION IS CONFIDENTIAL!
What are the Benefits of Mediation?
- Usually less costly than litigation, both financially and emotionally.
- Allows you to retain control over the decision-making process.
- Private and confidential.
- Often helps to reduce hostility.
How Long Does it Take to Schedule a Mediation?
Generally 2 weeks, once we have completed an initial intake/screening phone interview with each participant and all participants have agreed to try mediation.
How Long is a Mediation Session?
Mediation sessions usually last 3-4 hours. Sometimes issues can be resolved in a single session; sometimes additional sessions are needed.
Who are the Mediators? Can I Pick a Mediator?
CCMC's roster is comprised of mediators with diverse backgrounds such as law, social work, education, federal government, human resources, and business. Generally, one mediator is assigned for your mediation, however, sometimes with the complexity of certain cases, two mediators may work together as co-mediators. CCMC staff makes the selection of the mediators for your case, or you may choose, based on your type of case and their areas of specialization and availability.
Do I Need a Divorce Attorney or a Mediator?
CCMC's philosophy is that good mediation does not replace good legal advice. You do not need a lawyer to begin your mediation. However, depending on the issues or the type of case, the mediators may recommend that each party consults with a lawyer. One of the guiding principles of mediation is "informed consent"; this means that it is important to any solid outcome that you know your legal rights and responsibilities.
There are several options for divorcing couples who do not have or do not want the additional expense of an attorney (its usually two attorney’s). Through the Mediation process everything related to the divorce can be worked out by the couple and then the couple has these choices:
- 1. They can prepare their own court documents and do their own filings.
- 2. They can have their divorce forms prepared at their direction and filed with the court
- 3. You can use an attorney who serves as a "drafting attorney" who will incorporate your Mediated Settlement Agreement (MSA) into your Divorce Decree or Modification Order completing and filing all paperwork with the courts.
- 4. You can each choose to obtain an attorney for at least a one-time consultation prior to signing the agreement, so that you each have the benefit of advice from someone who represents only your interests.
Depending on the final agreement the couples reach we will usually recommend that you consider legal, as well as any other professional advice before signing the final agreement. We have found that many attorneys are very supportive of the mediation process, and recognize its value in producing clients who are comfortable with their own decisions.
What Issues are Not Appropriate for Mediation?
In situations where there is domestic abuse or substance abuse, mediation may not be the right forum. Any situation in which there is a restraining order requires careful screening as to appropriateness of mediation; if you are proceeding to mediation and there is an active restraining order, you will be required to request from the court a temporary lifting of the restraining order for the purpose of mediation.
If you are looking for an investigation or an evaluation, mediation at CCMC is not the right option.
What is the Outcome from Mediation?
If you reach an agreement in mediation, you and the mediators will decide whether you want to put the terms of your agreement into a signed, written document or whether you'd prefer to have a verbal agreement and/or a handshake.
Is an Agreement Enforceable?
A written mediated settlement agreement, signed by both/all participants, may have the effect of a contract and be enforceable by a court, as determined by the court.
Does Mediation Substitute for Legal Advice?
No, we recommend you receive your own legal advice, before and throughout the mediation process to help you make informed decisions. Good mediation does not replace good legal advice.