FAQ’s

Frequently Asked Questions About Family Law

FAQ ‘s: Here I have compiled a list of questions that people often ask me.

Remember, there is no such thing as a dumb question. If you don’t know something, ask!

I update this list frequently, so if you have a question, please submit it here. I guarantee someone out there has the same question.

Remember, any information on my website or blog in NO WAY should be construed as legal advice. If you need legal advice, please schedule a consult.

    In addition, you may find information on my frequently updated BLOG helpful.

    Mediation - Top 10 Questions

    Congratulations for wanting to resolve your divorce in a peaceful manner.  Mediation is the best way to handle your divorce. However, if Kelly is your mediator, she cannot give you individual legal advice. Your mediator, though they may be A lawyer, is not YOUR lawyer. They do not represent you, in court or otherwise. If you want legal advice while your mediation with another mediator is pending,  Kelly can serve as your consulting attorney, or representative attorney.  But Kelly cannot be both your attorney and the mediator. For me to serve as your mediator, BOTH of you must agree to hire her as your mediator.  Kelly is a neutral and she cannot give either of you individual advice.  In our experience, mediations often fail because one party perceives that there is a mediator bias for one party. To avoid this, we strictly adhere to 3 office policies to maintain our neutrality:
    The Mediation Orientation is the first contact Kelly has with both parties.
    Any previous contact with our office is with staff regarding protocol or pricing. It is important for both parties to understand Kelly’s capacity as a mediator, and trust that she did not previously give legal advice to either party, or favor one party over the other.
    Both parties must attend the initial Mediation Orientation.
    In order for mediation work, the parties must choose this option. If Kelly gives legal advice to one side, she is automatically conflicted out from representing the other side; as well as mediator. If only one party attends, the orientation becomes a legal consultation, which costs $500.
    Kelly does not communicate with either party in between sessions.
    There are no secret phone calls or emails. Both parties are copied on all emails. Calls to the office are answered by staff regarding procedure, pricing or scheduling.

    This is a tough situation to be in.  Mediation only works if both of you are in agreement to mediate.  Read this article if your spouse is refusing to mediate.

    If the other side has hired a lawyer, there is an imbalance of power.  In this situation, you can still mediate if he agrees.  But here is how this would work: Kelly would be a neutral mediator.  Your husband/wife would have a lawyer.  And you would represent yourself.

    Thus, in this situation where your husband/wife has already hired a lawyer, we recommend that you also hire a lawyer.  The case can still settle, but Kelly would not be a mediator in your case.  You can hire Kelly to be your attorney – the first step is to book a legal consultation.

    Kelly started offering mediation services in 2016.  Since then, our mediation cases have increased every year.  Currently, our firm handles approximately 20-30 mediations a year, and resolved all but 2 cases.