mediation faqs
I CAN HELP YOU WITH:
Division of Property
Spousal Support/Alimony
Child Custody & Support
Child Timesharing Plans
Separation Agreements
Parenting Plans
Agreement Modifications
Paternity
Probate
Elder Care
Property
Foreclosure
Tenant/Landlord
HOA Disputes
Insurance Disputes
Small Business Disputes
Bankruptcy/Credit Card
Your first consult is complimentary.
Tom Caprio prides himself on providing personalized attention to every client so you reach your best resolution in less time, with less cost and as peacefully as possible.
Frequently asked questions
What do mediators do?
Mediators help people resolve conflicts and come to agreement on family and civil matters. From divorce settlement agreements to property or business disputes, mediation can help you reach your best resolution with less stress and save you time and money, as well.
when is the best time to start mediation?
The earlier you decide to settle your differences out of court the more money you will save and the less emotionally draining the entire process will be. The litigation process itself can create distrust between the parties so it’s best to start mediation before that happens and before the attorneys initiate costly procedures such as discovery.
do i need an attorney?
You do not need an attorney to have a successful mediation. Any mediated agreement can be the basis of an enforceable contract. But the mediator cannot force the parties to accept an agreement.
can a mediator give legal advice?
Even if your mediator is an attorney or has a legal background, when acting as a mediator he or she must remain neutral to both parties. Mediators can give you information or refer you to resources about state laws or local court procedures but they cannot give legal advice. They cannot interpret laws or recommend any action that might give an advantage to either one of the parties. You may consult with an attorney or other professional expert on specific issues during the mediation process and still save time and money by conducting the negotiations with the help of the mediator. Many attorneys contact me to help their clients resolve most of their issues outside of court.
How long does mediation take?
The number of mediation sessions depends largely on the number of issues, their complexity, the willingness of the parties, and their degree of conflict. Parties who enter into mediation in good faith have resolved their issues in as little as 1 to 3 sessions.
Can mediation be done by phone or video calls?
Yes, mediation can take place via telephone or video conferences when it’s inconvenient to meet in person or the either party lives elsewhere.
Our session will be
Personalized
Our initial session will be dedicated to assessing your current situation and creating a personalized plan to meet your unique needs and goals.
One of my strengths is my ability to develop rapport – a relationship of understanding, empathy, and trust – with each of the disputing parties. This is key to achieving a workable, mutually beneficial agreement. Your discussions are private and confidential.
Targeted
Mediation emphasizes what can be changed now to resolve problems and what can be done in the future to keep them from reoccurring. Targeting our focus on the present and future, not dwelling on who did what to whom, helps sustain relationships.
My approach seeks to compassionately move you from positions of combat to ones of cooperation where problems can be solved effectively and creatively.
Integrative
Resolving disputes successfully requires creativity - the ability to generate and integrate into your agreement creative solutions in areas of disagreement.
I’ll help each party explore various choices and potential solutions on pending issues so you can come up with meaningful and fair resolutions. Mediation only continues if everyone agrees that progress is being made. It is completely voluntary.
What you’ll get in your
initial telephone consultation
An opportunity to ask questions specific to your situation
A better idea of how much time your mediation will take
An understanding of my hourly fees and payment options
A checklist of information and paperwork you can provide
to speed up your mediation process to save time and moneyA chance to get to know me better so you are comfortable
with my professionalism, impartiality, and competency to help
resolve your dispute.
