Frequently Asked Questions

This may be your first time, but helping in situations like yours is what we do.  

There have been a million things in your life that you've done "for the first time".  Often, part of figuring out new challenges is asking for help from someone who knows how to work through that challenge. 

Mediation gives you the opportunity to:

• Ask questions in a safe environment. 
• Get a feel for the process and determine if it’s right for you.
• Find out if the other person is open to what the mediation process offers both of you.
• Draw upon the experience and expertise of your mediator.  

You get to decide: The responsibility and authority for coming to an agreement remain with the people who have the conflict. The dispute is viewed as a problem to be solved. The mediator doesn’t make the decisions, and you don’t need to “take your chances” in the courtroom. Many individuals prefer making their own choices when there are complex tradeoffs, rather than giving that power to a judge. You need to understand your legal rights so that you can make decisions that are in your own best interests.

The focus is on needs and interests: Mediation examines the underlying causes of the problem and looks at what solutions best suit your unique needs and satisfy your interests.

For a continuing relationship: Neighbors, divorcing parents, supervisors and their employees, business partners, and family members have to continue to deal with each other cooperatively. Going to court can divide people and increase hostility. Mediation looks to the future. It helps end the problem, not the relationship.

Mediation deals with feelings: Each person is encouraged to tell their own story in their own way. Acknowledging emotions promotes movement towards settlement. Discussing both legal and personal issues can help you develop a new understanding of yourself and the other person.

Higher satisfaction: Participants in mediation report higher satisfaction rates than people who go to court. Because of their active involvement, they have a higher commitment to upholding the settlement than people who have a judge decide for them. Mediations end in agreement 70 to 80% of the time and have high rates of compliance.

Informality: Mediation can be a less intimidating process than going to court. Since there are no strict rules of procedure, this flexibility allows the people involved to find the best path to agreement. Mediation can deal with multiple parties and a variety of issues at one time. In family mediation, for example, two children, Mom, Dad and Grandma might be involved. They may need to talk about chores, school performance, curfew, allowances, discipline, and the use of the kitchen.

Faster than going to court: Years may pass before a case comes to trial, while a mediated agreement may be obtained in a couple of hours or in sessions over a few weeks.

Lower cost: The court process is expensive, and costs can exceed benefits. It may be more important to apply that money to solving the problem, to repairing damages, or to paying someone back. Mediation services are available at low cost for some types of cases. If you can’t agree, other legal options are still possible. Even a partial settlement can lessen later litigation fees.

Privacy: Unlike most court cases, which are matters of public record, most mediations are confidential.

(source: American Bar Association)

A divorce mediator is a neutral third party who has special training to facilitate an agreement between a separating couple. The mediator does not make decisions for the parties. Instead, this professional brings her experience and expertise to the table, and guides the participants toward potential resolution, hopefully enabling them to make good decisions for themselves, without resorting to asking a judge to make these important decisions about the parties' lives.

During the mediation process, the mediator aims to help the spouses work through antagonistic feelings and emotions so they can rationally focus on the relevant issues. Divorcing couples must divide the "stuff”--this is unavoidable.  It is part of the mediator’s role to help the couple understand how to fairly and equitably work through this division.

The mediator is always neutral – she does not work for either party, and does not prioritize the desires  of one over the other. 

The court system is a high-stress environment in the best of circumstances. 

Even when co-parents agree with each other, planning to stand in court and explain things to the judge still may involve: months of waiting for the first available court date, hours of waiting to be heard on that court date, and then hoping that the judge understands you and writes what you intend.

You can take control of this process by scheduling a mediation consultation within days (not months), and then working out your parenting plan in a comfortable setting where you and your co-parent can think things through and feel heard.  Our mediators with expertise in child custody can make suggestions and ask & answer questions to help you craft an agreement that works for your family.

Your custody mediation can result in a typewritten agreement, which you can then have entered as a court order -- and you know it says exactly what you and your co-parent mean it to say!

Mediation might not be the correct choice if there is a history of abuse between the participants.  We will conduct a pre-mediation screening as part of the initial consultation, and discuss options. 

If you are experiencing domestic violence, and are looking for options and support, please contact: 

• Clinch Valley Community Action (Tazewell County, VA; Russell County, VA)
• National Domestic Violence Hotline 

You are not required to have an attorney to engage in mediation.  If your mediation results in a written agreement, you will be afforded the chance (and encouraged!) to have an attorney of your choice review the draft before you sign it.  

Please understand that the attorney-mediators at Peak Solutions cannot give you personal legal advice related to your mediation process. 

Absolutely!  It's a decision between you and your attorney whether you want to be represented  by your legal advocate in the mediation process, or attend the mediation sessions on your own and check in with your lawyer before signing a binding agreement. 

It varies.  If you have already reached basic agreement and the mediator’s job is to help you put it in writing, one session may be enough.  Our mediators can draft a legal and binding custody agreement, property settlement (separation) agreement, or other settlement agreement for you. 

Typically, to see that all the facts and financial details are fully presented and discussed so that both sides understand what has been agreed to and why they are agreed to it, expect to spend on average between 2 to 4 sessions of two hours each.

If you're seeing this question, that means you're visiting the website very early in our process--and we appreciate you being here!  Details on these services are still being worked out.  If you'd like more information or would like to be updated (with a single message; we don't do email marketing lists) as we get up and running, please drop a message using our Contact page