Catherine S. Croft, Professional Mediator
Mediation Training and Qualifications
Ø Rappahannock Mediation Center 1993
Basic Mediation Training
Family and Divorce Mediation Training
Ø Practicing domestic relations lawyer since 1988; skilled in drafting separation agreements including but not limited to custody, support, pensions, stock ownerships.
Ø History of successful mediations.
Ø Enthusiasm for the mediation process.
What is mediation? Mediation is the process of facilitating productive direct communication between disputants for the purpose of resolution of the issues. The ultimate goal of mediation in a divorce case is a fully executed, well written separation agreement encompassing realistic ideas which resolve the custody, visitation, support and property distribution issues.
How do mediation and litigation differ? Mediation and litigation are not mutually exclusive and each has a role in reaching resolution of disputes. But there are differences. Mediation, if successful, results in decision making and problem solving by the parties and is therefore within the control of the parties. Litigation through trial, concludes with decision making by the judge. Unlike negotiation between counsel, mediation affords the parties the opportunity and practice of direct productive communication in a civilized and focused manner, with the assistance of a trained, unbiased, third party facilitator. The nature of litigation is competition with emphasis on differences.
How can mediation benefit you? There is a financial benefit; the process itself is shorter, more cooperative, and less time consuming than the litigation process. This results in the division and not depletion of the marital assets. The entire mediation process can be condensed into a period of months rather than years, which is often the duration of contested litigation. Scheduling mediation sessions requires coordination with the parties and the mediator and does not require coordination with the available dates of court or counsel. The mediator's fee is most often shared equally by the parties; thus each party has equal financial incentive and investment into the process.
Mediation empowers you to problem solve; a successful mediation can provide the foundation of effective communication and thus the confidence to you that future disputes will be resolved between you and the other party. For this reason mediation is especially useful in cases involving children because parents have an ongoing parental relationship regardless of the status of their marital relationship.
What is the lawyer's role in mediation? The role of the mediator is to facilitate productive communication, instill decorum and civility, but not provide legal advice. The role of counsel in a case handled through mediation is straightforward -- to provide legal advice and counsel to their clients.
What can you expect from mediation? The initial mediation session lasts from 1.5 - 2 hours. The duration of subsequent sessions varies but is generally no less than 1 hour. Many mediations may be concluded in several sessions; the total number of sessions required depends on the parties and the issues. At this time my hourly rate for mediation is $360 per hour; is equally shared by the parties and is payable at the time of the sessions. An additional deposit is required prior to the drafting of the agreement. Both parties will be encouraged to have the agreement reviewed by their counsel prior to signing it. Upon request drafts of the agreements will be forwarded to counsel directly.
Neither party should expect that the mediator will produce a court order. The parties should consult with counsel to determine whether a court order should be sought.
All mediation sessions require the appearance and participation of both parties. Counsel are welcome to attend but are not required at the mediation sessions. The parties are encouraged to communicate with counsel as the need for clarification of legal rights and legal advice becomes apparent.
