FAQ about Mediation

Simply put, you should consider mediation because mediation saves time, emotions and money.  Unlike in a litigated case, you and the opposing party remain in control.  Also, mediation, particularly in the areas of personal injury, family and probate matters, are becoming a widely accepted practice in Connecticut. Attorneys who practice mediation adopt different styles of mediation, although the goal is the same no matter the style – settlement.

An experienced mediator remains neutral between the parties. That means the mediator can’t give advice to either party and also cannot act as a lawyer for either party. What a mediator can do is to point out in open session to both parties things that each of them should be aware of concerning what they’re trying to accomplish. Because both parties are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both parties.

Simply put…yes.  You are welcome to bring your lawyer to mediation, or you can use your lawyer as an advisor between sessions.

Mediation is voluntary. It continues only for so long as all three of you – you, the other party, and the mediator – want it to. You can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.

  • The short answer is yes. Many litigation lawyers charge a retainer fee of between $2,500 and $10,000 (for each party) for most average litigation cases and bill the client for services in addition to the time covered by the retainer. Once this initial retainer is exhausted, the attorney will charge a new retainer or invoice the client monthly. The retainer amount will be substantially more in complex cases.
  • The total cost for both parties from beginning to end for a mediated case, can be less than one retainer made by one party in a litigated case. A good range for the total cost of a mediated matter is between $1,500 – $7,500.
  • “Cost” should be measured not only in dollars spent but also in the emotional cost to the parties.

In a word, yes. Years of research have told us that parties who mediate their dispute are much more likely to have satisfaction with the process and the results than adversarial parties. The main advantage of mediation is that it keeps you and the other party in control of your own case. Mediation allows the parties to get through the process with less conflict than you would experience in an adversarial matter.

How long a mediate case takes depends on the complexity of the issues and ability of the individuals to be flexible as they negotiate a fair agreement. The average mediated case takes at least four to five sessions (two to three hours each) spread out over three or four months. More complex cases can take up to six months to complete.

Choosing mediation does not mean that you give up your right to go to court. If you decide that mediation is no longer right for your situation, you can stop at any time, retain a separate attorney and proceed with the traditional litigation process.

You should use an attorney trained in mediation as opposed to someone who is just a mediator because a mediation attorney can provide the legal information needed to address all the complexities of the case. Divorce, probate and personal injury are complex legal topics and an attorney trained in mediation ca provide clear concise and comprehensive options on all the aspects of the case matter.

The most important reason to choose this mediation firm is because of our personal mediation skill and our commitment to integrity of mediation processes and results, and because of our undivided emphasis on peaceful resolution of conflict outside of court.   This is a mediation firm, not a law firm that practices mediation as a side business.  The skill set to be a great mediator is not the same skill set to be a great litigating attorney.    Thus, no mediator for Connecticut Mediation & Arbitration Services will boast about their litigation experience or their prowess in court in the context of showing that as a reason to hire them as a mediator.

In our view, what makes a great mediator is the ability to listen, to be trusted, to facilitate conversation and negotiation, and to bring people to authentic, voluntary agreement.  What makes a great mediator is when people gain better understanding of their conflict and the deepest most fundamental interests driving the conflict, and then find resolutions that address those needs and thus solve the conflict at its root.  What makes a great mediator is when people walk away from mediation feeling they have had an experience that was positive, healing, and aimed toward resolution, even if they didn’t sign an agreement that day.  What makes a mediator great is when people know they have tried their best with a resourceful, trusted, and creative mediator, and left no creative stone unturned in finding a path to agreement.

The mediators of CT Mediation & Arbitration Services all believe passionately in mediation and strive to practice the principles of nonviolence in our personal and professional lives.  This is not to say that we shirk away from conflict.  Indeed, some conflict should be litigated.  But all options will be examined before sending a person into litigation.   No stone will be left unturned to help parties resolve conflict voluntarily, using the many resources available.  Your goals are discussed in advance of the mediation and a process will be individually tailored to meet your needs.

Our attorneys are certified and trained mediators. We believe strongly in the benefits of mediation and strive to remain educated and up-to-date on the newest techniques, news, and advancements in this area of the law.