• What is mediation?

• When is the mediator's role?

• What if Kim has an opinion about what should happen?

• Do I need a lawyer, or can Kim do the legal work too?

• What if we don’t resolve our differences?

• What are the benefits of mediation?

• What is the cost of mediation?

• How long does it usually take?

• What if I want to schedule a mediation or ask other questions?

What is mediation?

Mediation is a negotiation between parties who are in conflict, using a third party neutral to manage the discussion. It is informal, and gives the parties a chance to listen to, and be heard by each other, through the help of the mediator. It is ideal for parties who desire to maintain respect and work together to resolve their differences instead of having a court or judge take control.

What is the mediator's role?

Although she is an experienced attorney, when she is serving as a mediator, Kim does not act like a judge making a decision for the parties about how to resolve their differences. Instead, she leads the discussion making sure all issues are discussed thoroughly and helping the parties to understand each others’ positions. She is “in favor of” BOTH parties and her goal is to help the parties come to a resolution that works for both of them. Kim helps the parties explore possible solutions and may offer ideas for discussion. Kim has been mediating since 1986.

What if the mediator has an opinion about what should happen?

A good mediator not only helps the parties see things from the other person’s vantage point, she can help the parties consider issues and consequences they may have overlooked. Kim may review ideas or possible outcomes with the parties to help them determine if the solutions are really workable. However, it is the parties, not the mediator, who have control over whether they agree to a settlement or not.

Do I need a lawyer, or can the mediator do the legal work too?

Parties may come to mediation with or without their attorney. If they come with their attorney, they need to rely on their attorney for legal advice. If they come without an attorney they need to realize that when serving as a mediator, Kim can give them legal information but she cannot provide legal advice. The parties can agree to a resolution of their differences with Kim as mediator and then take their agreement to an attorney to review and to draft the legal documents. Due to ethical restraints placed on lawyers in Iowa acting as mediators, Kim cannot serve as a mediator and then serve as a lawyer to the parties filing documents on their behalf.

What if we don’t resolve our differences?

If your matter is not resolved you can still go to court. Because the process is confidential, Kim does not testify as to what went on in the mediation. She may, however, tell the judge that you had a final agreement if one is reached at the mediation and if one of the parties tries to back out of a signed agreement. Many feel that a mediation session has great value whether an agreement is reached or not.

What are the benefits of mediation?
Parties in a mediation can speak like normal people about the fears and concerns they have about the issues in conflict. Unlike court where the judge only hears evidence as it is skillfully presented by trained lawyers, in a mediation we just discuss problems like “regular people”. Kim may have the parties meet together or in separate private sessions.

What is the cost of mediation?

Mediation costs are based on the type of matter and can vary between family law matters, business, employment, personal injury or other civil cases.  Please call the office for specific current rates per hour. Parties pay for mediation at the conclusion of the session. If the case is a family law case in Polk County, there may also be administrative fees of $100 per case. The fees are each paid 1/2 by each party.

How long does it usually take?

Mediations can last a few hours or for a full day or days. They can be in single or multiple sessions. The average mediation lasts about 3-4 hours. For divorce, when the parties are not attending with an attorney, Kim may schedule 2-hour sessions one or two weeks apart until the parties have achieved settlement or conclude maximum benefit has been reached.

What if I want to schedule a mediation or ask other questions?

Simply contact our office at 515-223-1631 or email kim@attorneymediate.com

   ©2008 Kimberly Stamatelos, all rights reserved