What Is Mediation?   

Mediation relies on the participants’ ability to reach their own voluntary agreement.  The Mediator may provide information, keep the participants talking, raise issues and help you to explore options.  However, the participants decide upon their options in addition to having the ultimate decision making power.

What Is A Mediator?   

Mediators are trained to guide you to identify issues and explore settlement options. On the other hand, Mediators do not act as judges or attorneys.  Mediators do not choose sides; they are impartial.  Mediators do not give legal advice. 

Why Do I Have To Attend Mediation?   

Mediations are a way to resolve all or a part of your dispute.  It gives you the power to decide rather than a judge or jury. Mediations also save the time and cost of a trial.

What Is A Court Order?   

A Court Order is something that the Court requires you to do.  The Court ordered you to attend two mediation sessions.  The Court has several ways to discipline a person who refuses to comply with a Court Order.  You should read the Order.  Make sure you have done what it requires.  If you have questions, please ask your attorney.

What If I Want A Specific Mediator?   

You can file a written objection with the Court within 30 days of receiving the Order referring you to mediation.  The Court normally grants a request for a specific Mediator.

What Is A Settlement Conference?   

A settlement conference is where you and your attorney meet with an impartial, experienced person to discuss the issues of your case to try to resolve it.  The impartial person, called a Facilitator, listens to you or your attorneys present a shorter version of your case.  The Facilitator then gives you his or her opinion of how the case could be resolved if it went to trial.

What If I Want To Use A Settlement Conference Instead?   

You can file a written objection with the Court within 30 days of receiving the Order referring you to mediation.  The Court normally grants a request to switch to settlement conferences and the fees are the same. You can also attend a settlement conference, and if you do not resolve the dispute, you can attend mediation.

What Is The Cost for Mediation?

General Civil Mediation costs two hundred dollars ($200.00) per party, per mediation session.

What If I Can’t Afford The Mediator’s Fees?   

You can file a written request with the ADR Coordinator.  There are strict income requirements and any grant is contingent on money being available.

Is Mediation Secret?   

The mediation sessions are confidential.  Statements made during mediation cannot be used in any trial except in certain extreme cases like child abuse or criminal activity.

Can I Talk With The Mediator Before Mediation?

Probably not.  The Mediator is a neutral person and his or her job is to help all participants discuss the issues.

Should My Attorney Attend?   

Attorneys usually attend mediation, but that is a decision to be made by you and your attorney.  Note that family or domestic mediations may be handled differently.

How Long Is Mediation?   

Each mediation session will last approximately two hours unless you resolve the dispute in a shorter time.

What Happens If We Write An Agreement?   

Parties are bound by the agreement when they sign it, and it may become part of your court case.  Please discuss this issue further with your attorney.

What Happens If We Don’t Reach An Agreement?

If the participants cannot resolve their dispute, it will proceed to trial and the Court will decide for you.

What Happens If We Can’t Agree On All Our Issues? 

If you agree on some issues, you can write an agreement just about those decisions.

What Do I Have To Do Once I Receive the Order for Civil Mediation?   

You need to call the Mediator to schedule your first session within 15 days of the date of the Court Order.

What If I Need To Reschedule A Mediation Session?

You should contact the Mediator’s office prior to 24 hours in advance to reschedule the mediation session.  The Mediator's name and contact information is located on the Order for Civil Mediation.

Who Do I Contact If I Have Questions?   

You should first speak with your attorney.  If you do not have an attorney, you can call the ADR Coordinator at the Circuit Court, 301-932-3320.