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Frequently Asked Questions

How do I get started? Call (207) 773-7557 and ask questions…about mediation and to consider if it is appropriate in your circumstances. You may want me to send you more information. When all participants are in agreement we can schedule an information session and/or first mediation appointment.

What should I do to get ready for mediation? Gather together your thoughts and review the relevant facts. Consider your goals and what would you like to see happen. If you have specific ideas, make a list and be prepared to discuss them. Prepare to speak clearly and simply; to listen carefully and openly. Remember that you are in charge of your life, and how you proceed. Get advice from others, but stand on your own feet when you consider options and make decisions.

May I employ an attorney and still do mediation? Yes. You can always employ an attorney. Often Collaborative Mediation clients use their attorney to discuss issues prior to mediation and to review proposals throughout or after the process. Sometimes people want to have their attorney attend one or all mediation sessions.

Must I hire an attorney? No, you do not have to have an attorney. Sometimes people feel they can handle certain legal proceedings without an attorney. Other times, the legal expertise of an attorney may be important to you. It is up to you whether or not you hire an attorney.

Is mediation confidential? Yes. No. Maybe.

  • Mediators… do not generally disclose what is said unless participants have authorized discussion with a third party. However, I am ethically bound by my licensure to report suspected abuse of a minor, elder or any incapacitated person. At your request there may be discussion with another professional (typically your accountant, attorney, or financial planner).
  • Participants… have no general rules, with exceptions discussed below. When attorneys, or other licensed professionals attend they are governed by their professional code of ethics. You may wish to have an understanding with everyone at the table.
  • In Maine… there is a rule that when a court case has been initiated, discussions held in mediation may not be reported to the judge or hearing officer by anyone.

What does mediation cost? I charge an hourly fee, payable as the work progresses: at the end of each session, and as written or other work is completed. In complex, multi-party disputes, you may be asked for a retainer to cover the substantial work these cases require prior to sitting down at the table. Mediation is significantly less expensive than each party using a separate attorney to facilitate decision-making. Please call for details.

 

Sydney McDowell
Supporting a peaceful dynamic toward resolution…

120 Exchange Street, Suite 208    Portland, ME 04101
PHONE 207.773.7557    FAX 207.874.0531

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