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Common Questions About Legal Mediation

Navigating the mediation process at Morneau Law can pave the way for a successful resolution of your legal matters. From understanding the suitability of mediation to practical considerations like session formats and costs, we’ve compiled answers to commonly asked questions to streamline your mediation experience and ensure clarity every step of the way.

We have put together a few questions and answers that are regularly asked that will set you up for success at your Morneau Law Mediation.

We have a full agreement and just need help drafting it. Is Mediation right for us?

Our experience shows that even when people believe they have a full agreement, they may not have thought of every detail that can go into a final agreement. As attorneys, we have seen agreements come back to us because the individuals did not anticipate certain situations and now there is a conflict. Many times, this situation could have been avoided had the individuals worked with an experienced mediator and gone through the details of their agreement. Should you believe you have a full agreement, Mediation is a great place to work together in drafting that agreement to make sure all the details have been discussed to set you up for success in the future.

Where will Mediation take place?

We offer both Zoom and in-person Mediation appointments, which allows flexibility. We do ask that if you use Zoom for Mediation that each individual is in a private space, which allows your Mediator to speak with each of you individually, when needed.

Who pays for the Mediation and what is the pricing?

It is our expectation that the parties will split the cost of Mediation equally, unless otherwise agreed upon and expressed in advance. What makes Morneau Law’s Mediation process cutting-edge is the flat-fee aspect. The joint-orientation meeting is a flat fee of $125 per person. Phase two, which includes two Preliminary Private Planning sessions (one per individual) and a working session, is a flat fee of $750 per person. We feel this gives the individuals the maximum value possible and provides transparency with pricing (no hidden fees!). After this initial phase, we will be able to evaluate what additional assistance you will need, such as additional working sessions, or drafting meetings where we are putting your agreements into legal documents for filing with the Court.

How many sessions will it take to be done?

Unlike traditional Mediation models, that often fail due to individuals not coming to the table prepared, Morneau Law Mediation is designed to create a strong foundation that ensures you are prepared to make decisions once in the working session. With the Morneau Law model, there will be a joint-orientation meeting, a Preliminary Private Planning meeting for each individual, and as many working sessions as needed to come to a full resolution. Most divorces or complicated parenting matters require several working sessions to come to a full resolution.

How long is each meeting?

The joint orientation will be a maximum of one hour, the Preliminary Private Planning meetings will be maximum of one hour each and the working sessions will be a minimum of two hours each. Additional working sessions can also be scheduled. These additional sessions will be a minimum two hour block but can be increased upon agreement.

What do we need to fill out before our Mediation?

When you schedule a Mediation, we will send you an Intake Form to be completed and returned at least three days prior to the joint orientation meeting. You can fill this form out together or individually.

We will also send you the Mediation Participation Agreement that both individuals will need to sign after the joint-orientation meeting should you wish to continue in the Mediation process.

Can the Mediator give me legal advice?

Your mediator will not be allowed to provide you with legal advice. Your mediator can provide you with legal information which is what documents you will need to complete and general information about NH law. It is always a good idea to have your legal questions answered by an attorney before attending Mediation or prior to signing an agreement.

What happens if we cannot come up with an agreement?

If you are able to resolve part of your matter in Mediation but are stuck on a few items, you can file a partial agreement with the Court and ask the Court for assistance with the areas you were unable to resolve through Mediation. Our goal is to help you come up with a full agreement and we have lots of tools and resources to help try and achieve that goal.

Will the Mediator draft the paperwork to be filed with the Court?

Your mediator will assist in the drafting of the documents that will need to be filed with the Court. With the Morneau Law model, the documents will be drafted in real-time so both individuals are able to suggest edits and ask questions. Again, no legal advice can be provided, so you should have any agreements reviewed by an attorney prior to signing them.

Morneau Law