Frequently asked questions

Mediation is the method of resolving conflict through the use of a third-party neutral who assists the parties in reaching a mediated agreement. A mediator does not make binding decisions and cannot order one party to do something.

No. It is very common to have one party reach out first to gather information, check availability and pricing, and see if mediation is, in fact, a good fit for their unique situation. Mediators are always evaluating their neutrality and are duty bound to cease work should they lose the ability to remain neutral for any reason.

No. Many mediators are lawyers; but many other mediators, like me, are not. It is important to seek out mediators who are experienced, educated in the process of dispute resolution, and are someone that you feel comfortable with.

For the most part, yes. In some instances, there may be contractual language or State rules that require Parties to attend mediation before they can move on to other types of dispute resolution. Courts may also order you to mediation. When individuals choose mediation, it is voluntary. The voluntary nature of mediation means that either party, or the mediator can decide to terminate the mediation for any reason.

As a neutral party, I do everything I can to avoid this. Mediation is a process and therefore it has many stages. Just because one session did not result in the desired outcome doesn’t mean that it won’t ever be settled. Having said that, there are some cases that just don’t get settled. Even if your dispute is not resolved, you will likely learn more valuable information as you move towards litigation.

The cost varies based on complexity of the matter, time spent mediating, time preparing for mediation, and the complexity of any drafted agreement. However, mediation is rightly touted as a cost-effective alternative to litigation because mediation is generally much faster and therefore much less expensive.

What you get when you decide to add a neutral from ADR Partners to your team is someone who will look for future issues and ensure that you have a well-rounded and complete agreement that serves not only your current needs but addresses anticipated future issues that may come up.

Hourly rates vary and may require a retainer. The retainer is billed against and each month you will receive a bill accounting for all of the time that has been spent advancing your matter. Items that we bill for include, but are not limited to, time spent preparing for meetings or phone calls, phone calls, reading and responding to emails, drafting the Settlement Agreement or Term Sheet, and coordination with counsel or other professionals as may be required.

Mediation is a fast-growing area of alternate dispute resolution due to its many benefits. A few of those benefits are that it is typically voluntary, it is faster and more cost effective than the traditional route of litigation, and parties have control over the outcome. As a result of having control over your agreement we find parties have a higher rate of compliance with the terms of the agreements they craft. This is important in all cases but can be especially beneficial in matrimonial disputes where most deals have significant items that require future performance, such as support obligations and/or co-parenting relationships to keep intact.

Length of mediation depends on a variety of factors including how organized clients are and how quickly they are able to make agreements. Mediation sessions can be structured in a variety of ways aimed at making our clients as comfortable as possible. Some options for session are multiple short sessions (usually two hours each) which can be joint or held separate from your partner. Other clients elect to have two half day sessions or one long session to resolve all issues on a given day. Your Mediator will discuss the options with you and help you determine what will best serve your needs.

Cortney has resolved more than 500 cases with a closure rate of 94%.

While attorneys are valued and welcome contributors to the mediation process, you do not have to have an attorney to mediate. However, it is always recommended that you engage the services of an attorney to review your agreement and speak with you about the agreement you’ve reached as part of the mediation process and the laws of the State of Nevada. Mediators at ADR Partners do not draft legal documents.