Mediation is the most common form of alternative dispute resolution (ADR) in Kentucky. In fact, many Judges in divorce and family law matters will require mediation before setting a final hearing or trial date. So, what is mediation?
The American Bar Association describes mediation as “a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute.” The court will either appoint the mediator, or your counsel will agree to utilize a certain mediator. The mediator is paid for services equally, in proportion to income, or at another division by agreement or Court Order. In many cases, counsel for both parties will work together to pinpoint a mediator best suited to resolve the issues in your case.
Once a mediator is selected and mediation has been scheduled, your attorney will need to meet with you ahead of time to explain the mediation process and develop a strategy. Mediators have different styles, and your attorney may discuss with you your mediator’s usual process. It is normal to be nervous before mediation and your attorney can walk you through the process, so you feel comfortable with what will occur.
The day of mediation, most mediators will start with an introduction including an explanation of the “rules of mediation.” The mediator will explain that the process is confidential and cannot be discussed in Court. The mediator might talk about the advantages of settling your case in mediation instead of proceeding to litigation. Ultimately, the mediator will familiarize themselves with your case and proceed accordingly.
At Diana L. Skaggs + Partners, PLLC we are well versed in utilizing meditation to settle cases to advance our client’s interest. Please visit our website to learn more.
