MEDIATION STEPS

Every mediation is different and every mediator’s approach is different. Here’s what generally happens at Resolution Point.

Orientation Session

The first time we meet, we will have an “Orientation Session” where we will talk about the mediation process in general and the specifics of how it usually takes place at Resolution Point. In this 30-90 minute meeting, we’ll talk about certain important characteristics of mediation:

• Mediation is confidential, with some important exceptions. In general though, you can count on what you say during mediation not being repeated in court if you can't reach agreement.
  
  
• Mediation is voluntary. Once underway, at any point in the process either participant can end the mediation and find alternatives to resolve some or all of the issues. We will usually test the reasons for the termination to be sure that the decision is well thought out, rather than a spontaneous response to a particularly difficult topic.
  
  
• The style of mediation we use at Resolution Point which includes both “facilitative” and “evaluative” (or “directive”) mediation.
  
  
• The differences between “legal information” and “legal advice.” Mediators can provide information about processes and laws, but they cannot provide advice on how the law would apply to the specifics of the participants’ circumstances. There is a fine line between these two and we’ll discuss the differences.
  
  
• Full disclosure is critical to the process. Mediation is not a way to avoid providing information to your spouse.
  
  
• Timing and costs of mediation.

• We will review an Agreement to Mediate and Ground Rules. Additional ground rules that you might need can be discussed.

If you decide to mediate with Resolution Point, we will provide you with a handbook full of background materials including Virginia statutes that may affect your mediation decisions. If this is a divorce mediation, you’ll also receive financial forms and data sheets that will help you organize your financial records so we can be as efficient as we can in our sessions.

Second Session

At the start of this session, we’ll talk about the range of topics we’ll need to examine during the mediation sessions. You’ll make some decisions about the order in which we will discuss the issues. We'll talk in very general terms about the legal environment that might affect your case. For example, if we're talking about property in a divorce case, we'll talk about how a court might identify "marital property" and how a court might "equitably" distribute it. We have these conversations now so there's no chance you'll be getting legal advice (since we won't have gotten to the specifics of your mediation yet).

We also explore any immediate issues that need some tentative resolutions while we’re working on longer term agreements.

In a separation or divorce,  much of the financial information will have already been gathered and we’ll begin to tackle some of the more pressing financial issues and decisions.

And The Next Sessions

At each session, the mediator will take extensive and detailed notes that you’ll read on a large screen while they’re being created. You’ll be actively involved in making sure that what you’ve said (and what everyone else has said) is captured accurately and completely. Remember that the mediation is confidential (with exceptions), but the notes will help everyone keep track of where things are while the mediation is taking place.

Decisions will get made at your speed. But they also don’t count until there’s a signed agreement. That way we can make progress without worrying that something that you decide now won’t make sense as other decisions are made later. Nothing’s final until everything’s final (unless there’s a interim written agreement).

As decisions are made, especially where extensive financial analysis is involved, we’ll be using sophisticated software that will show the impact of these decisions on your short term and long term financial health. And you’ll see the results of the computer analysis on the screen as the decisions get made.

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