Mediation With Lawyers

If you and your lawyer are planning to attend mediation together, the mediation process typically unfolds as follows:
 
• Letter from Lawyers: Usually. Bluewater Mediation will receive a letter from a lawyer requesting a mediation and indicating that the other lawyer and your former spouse agrees to mediate.
 
• Mediation is Confirmed: Bluewater Mediation will send a letter to the lawyers advising of the mediation date, retainer requirements, and documents required for mediation. Bluewater will include a copy of the Agreement to Mediate (or Mediation-Arbitration Agreement), and Client Information Form.
 
• Agreement to Mediate: Each participant reviews and signs the Agreement to Mediate and sends it to Bluewater Mediation by email or fax
Click Here to link to Agreement to Mediate.

If you are using Mediation-Arbitration services, a Mediation Arbitration agreement will be sent to the lawyers. Click here to link to information about Mediation-Arbitration.
 
• Client Information Form: Each participant completes his or her client information form and sends it to Bluewater Mediation by email or fax – click here to Link to Client Information Form
 
• Intake Meetings: Each participant has a confidential consultation, in person, with the mediator (the “intake meeting”). These meetings take about one hour for each participant. The purpose of this meeting is for the mediator to understand the issues from each participant’s perspective, to provide an overview of the process, and to ensure that mediation will be a productive and comfortable process for both participants.
 
• Mediation Briefs: Lawyers will usually prepare mediation briefs for the mediator to advise him or her of the issues to be resolved, and to provide key documents to assist in resolving the issues. These are sent by the lawyers to the mediators about a week before the mediation date. The mediator reviews this information very carefully in advance of the mediation, to ensure the mediation is productive.
 
• Mediation Date: Mediation participants and lawyers will meet with the mediator, usually from 9:30 am to approximately 5:00 pm on the schedule day of the mediation. In most cases, an Agreement is reached regarding the issues brought to mediation, and a contract is prepared.
 
• Contract: When a settlement is reached, the Mediator will prepare a contract for participants to review with their lawyers that day at the mediation. This could be either in the form of Minutes of Settlement, or a contract, such as a Separation Agreement, Amending Agreement, or Parenting Agreement. Contracts are very frequently signed that day, so that the issues brought to mediation are finalized.
 
• Follow up: There may be some follow up by participants with the lawyers, to have a Court Order prepared. Typically, following the conclusion of mediation, lawyer involvement comes to an end shortly thereafter.