Frequently Asked Questions About Mediation with Peter M. Schloss:

While no two Mediations are identical, there is a basic framework to the Mediations that I conduct. Mediation begins with the review and execution of the “Agreement to Mediate” which sets forth the “Rules of Mediation”. I provide this document to the Mediation participants (and their attorneys) for review prior to the session. In part, it explains that the process is confidential and that the Mediator cannot provide legal advice or later be called as a witness for either party. It also sets forth clearly the fee arrangements. 

I then ask the Mediation participants to tell me what issues bring them to Mediation. I engage in a discussion which helps me understand not only those issues, but what each Mediation participant’s interests are… what is important about those issues to each of them.

We then work to create options that address those issues and each participant’s interests. We evaluate each option in an effort to determine which will create the best result that all participants can “live with”.

After the Mediation concludes I write a non-binding “Memorandum of Understandings” for the parties to review with their attorneys. Typically, the attorneys will draft a final Settlement that includes the terms of the Memorandum. Upon signing the Settlement the attorneys present the document to the Court having jurisdiction over the matter for approval. Once signed by the Judge, the Settlement becomes legally binding.


How Much Does Mediation Cost?

I charge at an hourly rate based upon the actual session time and an estimate of the time that post session document preparation will require. Fees are usually (but not always) divided equally between the Mediation participants. Fees are due at the session, checks or cash only as I do not accept credit cards.

How long are the Sessions? How Many Sessions are Needed?

I schedule sessions for a minimum of two hours. I have found that shorter meetings do not allow enough time for productive work. Longer sessions can be fatiguing for the Mediation participants. Sessions often continue beyond the scheduled time, but rarely end early.

Do Our Attorneys Attend the Mediation?

Attorneys attend approximately 25% of the Mediations that I conduct. Attorneys are always welcome, but I ask that I be notified in advance so that all participants will have the opportunity to bring their attorneys. Whether or not the attorneys attend, I strongly urge all parties to consult with legal Counsel, and review the results of the Mediation with an attorney before executing any Agreements achieved in the Mediation.

Since You Are an Attorney, Why Can’t You Give Us Legal Advice?

Although I have been an attorney since 1980, I am now retired from the practice of law. Even if I were not retired, I cannot be YOUR attorney. I can give legal information to both participants during the session, but I cannot give either Mediation participant LEGAL ADVICE. Legal information may include such things as how the Court process works, but I cannot give guidance on what decisions you should make.