The "re-do" Mediation

Lately I have been doing "re-do" mediation agreements. What are these? These are mediation agreements where the parties attend mediation, pay their hard earned money and end up with documents that are not what was discussed in mediation. Most of these "re-do" mediation agreements are coming from mediators working for a paycheck in the courthouse. We'll discuss that later though.

So how does this happen?

First: THE WAY MEDIATION SHOULD BE……

The parties both come to mediation either alone or with their attorneys. Attorneys are not necessary, but can come. The parties will meet with the mediator and go through all the issues in hopes of reaching either a partial or full agreement. The mediation agreement and parenting plan, if children are involved, should be created (typed) as the mediation is being conducted. Once the mediation session is done, the documents should be printed, reviewed and then signed. 

Second: THE WAY MEDIATION SHOULD NOT BE……

Same scenario as above, but instead of crafting the agreement during the mediation session, notes are taken and then once the parties leave, then the mediator will draft the agreement. Once the agreement is complete, then the parties can come pick up the agreement for review and signing.

So why have I been doing "re-do" mediations lately? There are mediators that are taking notes, and apparently not very good ones, and then attempting to draft an agreement based on their notes and memory. The result is an agreement that does not accurately reflect what was discussed in mediation. The parties have now not only wasted time, that they will never get back, but they have wasted their money as well. Now the parties must go find another mediator to re-do the mediation session, pay all over again, spend more time and draft a correct agreement.

Please make sure you do your homework and find a reputable mediation company or mediator that will conduct YOUR mediation session the way it should be. Myself and many attorneys would not recommend using court mediators as most of them are simply there to pull a paycheck and are not effective. It may cost a little bit more money to use a private mediator, but in the end it will save you money and time so that you do not have to go through this process twice.

iChat Mediation invites you to come and learn more about having either your divorce conducted by one of our State Supreme Court Certified mediators or how you can become part of the most cutting edge virtual companies in the world. To learn more visit us online at http://www.ichatmediation.com or call us at 877-822-1479.

In the words of Lawton Chiles, “I didn’t come to stay, I came to make a difference.”