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Understanding Mediation

Learn about the mediation process, how it differs from courtroom litigation, and what you can expect at your mediation.

What is Mediation?

Divorce can follow many paths. Mediation is simply one of them, just like collaborative divorce or traditional litigation. No matter which route you take, the issues remain the same: parenting, finances, support, and property division. The difference lies in how you reach a resolution. ​Mediation is a private meeting where people in conflict ("the parties") meet with a neutral third person ("the mediator") to resolve their issues and reach voluntary agreements. One or both parties may be represented by an attorney, but an attorney is not required for mediation. Mediation is guided by two core principles: confidentiality and voluntariness. It is a confidential process, so what’s said in mediation stays in mediation. This allows for candid discussion without fear that statements will be used later in court. The discussions, notes, and documents are protected by law. Likewise, Mediators cannot be forced to testify or produce records about what occurred. No one outside the process may participate unless everyone agrees in advance.  Mediation is also a voluntary, choice-driven process. You decide whether to settle and on what terms. No one can force you to agree to anything. The Mediator doesn't take sides or make decisions. You keep the decision-making power. You decide what to agree on, what to set aside, and what needs more thought. Any agreements reached are written down, signed, and can become legally binding. Mediation is effective in family law because it creates space for clarity, closure, and forward motion, not blame or punishment. It’s about finding stability for your family, peace of mind for yourself, and a plan you can live with.

Why Choose Mediation?

Because it works. That's why most courts require the parties attend mediation before going to trial. Most family law cases settle at mediation once everyone has the chance to talk openly, explore solutions, and focus on what truly matters.  ​​Mediation is your opportunity to make decisions for yourself, not to hand them to a stranger in a black robe. Judges only hear a small fraction of your life, yet the orders they issue can shape your family and finances for years to come. Mediation gives you control, privacy, and the ability to craft solutions that fit real life. Going to court often magnifies conflict, drains resources, and damages relationships beyond repair. Mediation is designed to prevent that.

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What Can You Expect at Mediation?

Before Mediation

Your mediation will take place by Zoom video conferencing. You will need access to the internet and an electronic device with a screen large enough to view and sign documents. Your device should have a microphone and speaker so you can be seen and heard. Before your mediation, download a free Zoom account at www.zoom.us and test your camera and microphone. 

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You will receive an email containing mediation instructions, the Zoom link, and inviting you to share background information or documents directly to your mediator. Some people like to provide a short case summary; others prefer to wait and discuss matters only at mediation. Either approach is fine.

At Mediation

On the day of your mediation, join from a quiet, private space where no one can overhear you. When you log in, you'll first enter a virtual waiting room until all participants have joined. While in the waiting room, you won't see or hear anyone else. Once everyone is present, the Mediator will bring all participants into a joint session to begin. After introductions, the Mediator may move the group into private sessions ("Breakout Rooms"), where each party meets privately with their attorney, if represented by an attorney. In Breakout Rooms, you can speak confidentially and share documents using Zoom's screen share feature. The Mediator will move between Breakout Rooms to help facilitate discussion and progress. If you reach an agreement on some or all issues, the Mediator will prepare a written settlement agreement. If you have an attorney, you'll have the opportunity to review it with your attorney before signing. Once signed, it may be filed with the court to become part of your final judgment. Not every case settles. If you cannot reach an agreement, your case will continue through the normal court process, and the judge will decide the unresolved issues. Remember, the Mediator's role is not to declare a winner, but to help both sides find understanding and practical, workable solutions. By preparing thoughtfully, listening carefully, and staying open to compromise, you make the most of this opportunity to shape your own future.

After Mediation

Following mediation, the Mediator will file a one-page document with the court that states who attended mediation and whether or not an agreement was reached. If an agreement was signed, the Mediator may file this with the court. If the parties are represented by attorneys, the attorneys may instead file the agreement.​

Who Participates in Mediation?

Mediation includes only the parties, the mediator, and attorneys. The Parties: ​You and the other person are the decision-makers. Mediation gives each of you the space to be heard, understand your options, and craft solutions that work for your family.  The Mediator: The Mediator is an impartial, neutral intermediary, whose role is to assist the parties in reaching a settlement. The Mediator will guide the conversation, clarify issues, and help you work towards practical, lasting solutions. The Mediator may help you consider options, use practical experience to reality-test ideas, and identify areas of potential agreement. The Mediator does not make decisions for the parties, does not provide legal advice and cannot act as an attorney for either party.  You remain in control of the outcome. The Attorneys: Some people choose to bring an attorney to mediation; others represent themselves. Attorneys advise their own clients and explain legal rights. They are advocates, not decision makers. You do not have to be represented by an attorney to attend mediation.​

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What is the Cost of Mediation?

Most mediators charge hourly rates based on the parties' incomes, with rates varying from $200/hour upwards to $600/hour, depending on the local area. We charge a flat fee, no matter where you reside or what you earn​We offer simple, transparent flat-fee pricing for all families because straightforward rates make it easier to plan, prepare, and move forward with confidence.

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Half Day (4 Hours): $1,000

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Half day mediations are perfect for focused issues, such as parenting plan revisions or cases that need a structured conversation without a full-day commitment.

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Full Day (8 Hours): $2,000

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Full day mediations are designed for comprehensive settlement discussions, financial matters, creating a parenting plan, and for families who want the space to resolve everything in one session.

What Technology Is Needed?

Mediation uses technology such as email, secure file sharing (Dropbox), and video conferencing (Zoom) to communicate and share documents. If an agreement is reached, it will be signed electronically by all participants.  ​If technology is a challenge for you, please email us at help@evergreenmediations.com, so we can help troubleshoot or make adjustments.​

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How Do You Book a Mediation?

Complete the Information Form

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Self-represented individuals should complete our Information Form. You'll be invited to schedule a 15-minute video consultation to discuss the mediation process, necessary paperwork, and the next steps.

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Schedule Your Mediation

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If mediation is the right step for your case, you will be invited to schedule a mediation session. Mediations are reserved by half-day (4 hours) or full-day (8 hours). Half day mediations occur from 9 a.m. to 1 p.m. or 1:30 p.m. to 5:30 p.m. Full day mediations occur from 9 a.m. to 5 p.m. 

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Sign Your Mediation Agreement

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Once mediation is booked, the parties will receive a Mediation Agreement for review and signature. This agreement outlines the mediation process, the total fee, and how that fee will be divided between the parties.

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Pay Your Mediation Invoice

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The parties will receive an invoice for their share of the mediation fee, to be paid securely online prior to mediation.

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Mediation Instructions

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After the Agreement is signed and payment is received, all participants receive an instructional email containing the Zoom link for the mediation session. That email includes details about how mediation works, what you can expect, and how you can prepare. All participants will have the option to share background information or documents in advance of mediation. ​

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​help@evergreenmediations.com

(850) 694-1411

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