Commonly Asked Questions:

What is mediation?

Mediation is a voluntary process where a neutral third party helps guide individuals or groups to resolve their disputes and reach mutually acceptable agreements. It is a collaborative process in which all parties are given equal say in the process and outcome.

How does mediation work?

Mediation typically involves several sessions in which the mediator facilitates discussion, helps parties identify issues and possible solutions, and encourages communication between parties.

What types of disputes can be mediated?

Just about any dispute can be mediated, so long as the parties are willing to work together to resolve their conflict.  At TKW Mediation, we specialize in working with families involved in a variety of disputes including eldercare issues, estate disputes, child custody and visitation, parenting agreements, and parent and teen disputes. Parties do not need to be embroiled in active litigation to benefit from mediation. Many families find that one or two sessions with a mediator can help them talk through less complex family disputes.     

Is mediation legally binding?

Mediation itself is not legally binding. However, agreements reached can be made legally binding through a written contract.  Our attorney can draft settlement agreements at the completion of mediation.

How long does mediation take?

The duration of mediation varies depending on the complexity of the issues and the willingness of the parties to negotiate. Sessions can range from one to several hours. We recommend starting with a two-hour session. 

Our family is interested in mediation, but we all live in different locations.  What options do you offer?

We offer flexible options to accommodate families in different locations. In addition to our UWS office, we have access to conference rooms across the city. We also offer virtual mediation, which is a convenient choice for families who are unable to convene in one place. Virtual mediation is a particularly useful option for families in different locations or states that are struggling with eldercare and estate disputes.

How much does mediation cost?

Our fees are competitive and vary based on the type of mediation and the number of sessions required. We offer a free initial consultation to discuss your needs. 

What if one party doesn’t want to participate in mediation?

Mediation requires the willingness of all parties. If one party is not interested, we can discuss alternative options for resolution.

Do parties meet alone with the mediator?

Every mediator has their own style, but we believe that mediation is most effective when all parties are present and actively involved throughout entire process. While there may be times when individual conversations are necessary to ease tension and further negotiations, we try to avoid unilateral communication. In our experience, the collaborative nature of mediation leads to more successful outcomes and fosters stronger communication skills, which can help families navigate future disputes more effectively.  

Do I need an attorney to participate in mediation?

Parties do not need an attorney to participate in meditation. However, having legal representation can be beneficial, especially in complex disputes. We recommend that parties consult with an attorney before signing any contracts or settlements. We can provide information on legal resources if needed.

Is mediation confidential?

Yes, mediation is a confidential process. Information shared during sessions cannot be disclosed without consent, ensuring privacy for all parties involved.

How can I prepare for a mediation session?

Prepare by gathering relevant documents, outlining your goals, and thinking about potential solutions. It is important to enter mediation with an open-mind and willingness to communicate.

When does a family need eldercare mediation?

Eldercare mediation is an effective solution when family members disagree on important issues, such as decisions regarding living arrangements, caregiving responsibility, financial and medical decisions, end-of-life decisions, and safety concerns regarding lifestyle choices, such as driving and independent living. Mediation can address disputes between loved ones caring for an elderly parent or loved one, as well as conflicts between adult children and their aging parent.

The collaborative nature of mediation allows all parties to have an equal voice in the decision-making process, helping seniors and family members feel more in control of the outcomes. This can significantly reduce family tension and resentment. Additionally, eldercare mediation can serve as a proactive measure to prevent the all-to-common, devastating disputes that arise as a loved one ages or passes away.

How is parenting mediation different from custody and visitation mediation?

Parenting mediation is a great cost-effective co-parenting solution for resolving immediate parenting issues without returning to court to relitigate custody agreements. It can be especially helpful to co-parents struggling to establish consistent dual-household rules and expectations as their child enters adolescence.

How is Parent and Teen Mediation different from family therapy?

Parent and Teen Mediation is distinct from therapy. In mediation, parents and teens focus on specific behavioral issues and rules that are causing challenges at home, such as curfews and household expectations. Sessions are designed to help families establish clear, actionable solutions and agreements to these disputes. During the mediation process, both parents and teens have an equal opportunity to express their thoughts and contribute to finding solutions. This collaborative approach ensures that teens feel heard and empowered, increasing the likelihood that they will follow through with the agreed-upon solutions.

It's important to note that parent and teen mediation is not suitable for everyone. Parents should not seek mediation if they simply want a third party to validate their complaints and concerns. Instead, mediation is most effective when both parties are open to working together toward constructive outcomes.

How can you help when my aging parent or adult child is reluctant to discuss future planning?

Initiating conversations about future care needs and end-of-life wishes with an aging parent or adult child can be challenging, often evoking a range of emotions and fears. We specialize in facilitating these important discussions, helping families understand the benefits of advanced planning and the potential consequences of delaying these conversations until a crisis arises. In addition to guiding these discussions, we assist in preparing advanced directives and powers of attorney, as well as helping families create future care plans tailored to their unique needs. If either the aging parent or the adult child is unwilling or unable to engage in these difficult topics, we can still work with any interested party to explore their options and better prepare for the future.

We also recommend the book The Other Talk: A Guide to Talking with Your Adult Children About the Rest of Your Life by Tim Prosch to help start the conversation. 

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