Tag: Fishers

Expert Fishers Employment Mediation

Expert Fishers Employment Mediation

Fishers Employment Mediation

Employment and labor disputes are complicated.

Our Fishers Employment Mediation Can Help

A diverse group of smiling professionals. Contact virtual mediation today to discuss and schedule confidential mediation services with Dr. Ben Earwicker, Ph.D.

For employees, conflict with coworkers, supervisors, or customers can affect performance, workplace satisfaction, and overall mental health.

For businesses, non-profit organizations, and government agencies, addressing liability and fighting lawsuits can drain scarce resources and directly impact financial solvency.

It can be difficult for owners, managers, supervisors, and human resources professionals to master overlapping and sometimes conflicting state and federal laws that apply to the workplace. City, county, and other municipal ordinances can further complicate workplace requirements and business, organizational, or agency policies and practices.

Resolving Conflict isn't Easy

As a supervisor, manager, or owner, have you tried unsuccessfully to resolve disputes in these and other workplace situations? Have you spent an extraordinary amount of time putting out fires and trying to deal with interpersonal conflicts, complaints, and litigation? Do you need support and expertise from a neutral third party skilled in negotiated settlements, conflict resolution, and dispute mediation?

As an employee, have you experienced conflict with coworkers, managers, supervisors, or business owners? Are you looking for a way to resolve the conflict without having to quit and start over somewhere else? Do you need someone outside of your organization to help resolve the dispute?

Our expert employment, labor, and workplace mediation services offer all this and more.

Conflict can develop in any area of business or agency operations:

  • Recruitment, hiring, and retention.
  • Training and promotional opportunities.
  • Efforts to boost productivity and efficiency.
  • Collective bargaining.
  • Workers compensation.
  • FMLA leave.
  • The interactive process and reasonable disability accommodations.
  • Title VII, ADA, ADEA, and state discrimination laws.
  • Religious accommodations and disputes between employees.
  • Discipline, demotion, suspension, termination.
  • Unemployment and unemployment insurance.
  • Civil lawsuits and administrative filings of discrimination.

In each of these areas, there is potential for misunderstanding, frustration, and conflict. If you’ve experienced conflict in any of these areas and have not been able to resolve the issues you are facing, contact us to learn how mediation can help. 

Mediation Can Help

A diverse group of smiling professionals. Contact virtual mediation today to discuss and schedule confidential mediation services with Dr. Ben Earwicker, Ph.D.

Here’s what you can expect with our employment mediation services:

  • Early consultation to understand the scope of the issues;
  • Development of an agenda and a step-by-step approach to addressing the conflict in mediation;
  • Confidential mediation sessions with impacted parties, with separate and/or joint sessions, depending on the nature of the conflict, the individuals involved, and confidentiality considerations;
  • Expert mediation facilitation with the goal of resolving each of the issues to the satisfaction of all parties involved;
  • Drafting of a written agreement between the parties for each of the issues resolved through mediation.

Contact us today to discuss your options for resolving workplace, labor, and employment conflicts with our expert Fishers employment mediation.

Fishers Employment Mediation

Our Solution for your Conflict Resolution

Dr. Earwicker's Mediation Services

Dr. Ben Earwicker provides expert mediation services, both online and remotely.

Meet the Expert

Dr. Ben Earwicker, Ph.D., provides expert mediation, drawing on his nearly two decades of experience with conflict resolution and mediation. He has successfully mediated dozens of disputes through his national private practice and administration of a state-wide mediation program through the Idaho Human Rights Commission.

Why Mediate with Dr. Earwicker?

Ben’s empathetic approach to conflict resolution ensures the best potential for reaching agreement and discovering a way through conflict. He knows how to navigate complex, technical, and emotionally-charged disputes in almost any context, from employment and labor disputes to family and divorce conflicts to contracts and corporate negotiations. Ben has helped many parties reach mutually-acceptable outcomes through his expert mediation and dispute resolution services.

Contact Dr. Earwicker today, and lean on Ben’s expertise to help resolve your conflict.

The Solution for Your Conflict Resolution

Conflict comes in all shapes and sizes. But at its core, all conflict represents a huge drain of time, money, energy, and other resources. And even though your instinct may be to fight it out, costly legal battles and unresolved conflict can drag on for years with no end in sight.

The cost of conflict is enormous.

Think about the cost of your conflict. Even though you might be on the right side of the situation, there’s no guarantee you can convince the other party of that. In fact, conflict tends to polarize positions and make things even worse over time. Fighting to win is exhausting, and it eventually takes its toll.  

That’s where my mediation can help.

Done right, mediation offers a fresh perspective from a neutral third-party. With mediation, you can finally find a way through your conflict with a skilled facilitator who knows how to assist in a productive negotiation and the conflict resolution process. 

Use my expertise to get “unstuck.”

There’s nothing worse than feeling stuck in a conflict you can’t escape. Even if you have the means to fight it out in court or see the conflict through to the bitter end, it’s rarely worth it.

I can help.

Talk with me today about how my mediation services can help you move more quickly through your conflict toward resolution and settlement. 

Put this conflict behind you, once and for all.

Employment & Labor Mediation in Indiana

Employment mediation in Indiana can help resolve any labor dispute

Sometimes, workplace interactions can take a turn for the worse. Whether you’re dealing with interpersonal conflict, personnel issues, contract and labor disputes, discrimination complaints, or any other employment issue, mediation can provide a way forward. The situation doesn’t have to keep escalating; you can work with a neutral, third-party mediator to help resolve the conflict and create a fresh start.

Employment & Labor Resources in Indiana

As in other states, private and public employers in Indiana are required to comply with both state and federal employment laws for everything from overtime pay to Family Medical Leave Act leave and disability accommodations under the Americans with Disabilities Act.  Employees and employers in the state have a number of resources for navigating issues in the workplace.

The Indiana Department of Labor operates as the state equivalent of the U.S. Department of Labor (USDOL) that provides oversight of wage and hour issues. (To compare state and federal regulations, for example, you can view state policies on minimum wage and other workplace information on the USDOL site). The Department also provides economic data and resources to employers in the state. 

The Equal Employment Opportunity Commission (EEOC), a federal agency, provides resources, information, and guidance to employers and employees in Indiana. The EEOC also investigates and adjudicates discrimination complaints in the state. The Indiana Civil Rights Commission operates in the state as a Fair Employment Practice Agency (FEPA). A state or local FEPA enforces state anti-discrimination laws and often has a workshare agreement in place with the federal EEOC so they can work together to process state and federal complaints at the same time. The cities of Gary, Fort Wayne, and Evansville-Vanderburgh County also have local Fair Employment Practice Agencies.

Mediation Solutions in Indiana

Whether you are an employee, manager, or employer, you can access the benefits of mediation to resolve workplace conflict. Mediation can help you address any type of labor and employment dispute, at any stage of conflict. Contact us today to discuss our mediation services and how we can best meet your mediation needs.

How Much Will Mediation Cost?

Prices include all mediation services, from pre-convening consultation through post-mediation settlement work.

Initial Consultation

$ 99 One Time Fee
  • 60 Minutes
  • Consultation covers the Nature and Extent of Conflict and Goals for all Parties Involved
  • No Obligation to Continue with Virtual Mediation
  • Discuss your Situation in Depth

Hourly Rate

Contact
for Hourly Rates and a Custom Estimate
  • Competitive Rates
  • Total Hours Depend on Nature and Extent of Conflict
  • Billing can be Divided
  • Convenient Scheduling
get a quote

Frequently Asked Questions - Fishers Employment Mediation

What Does Mediation Look Like?

Mediation is a structured conversation and negotiation. The parties first meet separately with Dr. Earwicker. He explores each person's goals, ideals, and interests in detail. This helps structure mediation conversations. In some divorce mediations, parties opt to provide written position statements prior to the mediation, but that is not required. After meeting with the parties, Dr. Earwicker will schedule the mediation. Typically, the mediation occurs in separate rooms. In some cases (or upon request), Dr. Earwicker will bring the parties together in the same room, either virtually or in-person. In other cases, the parties will not meet face-to-face. Either way, Dr. Earwicker facilitates the discussion and structures the mediation to move the parties toward a negotiated solution. If the parties agree on one or more issues, Dr. Earwicker provides a written settlement agreement for the parties to review and sign. Any mediation agreement is completely voluntary and between the parties to the dispute.

Do I Have to See the Other Party Face-to-Face?

In any mediation, face-to-face contact is not required for a successful mediation. Sometimes it may be beneficial to convene a joint session with the parties all in one room (either virtually or in-person). At other times, depending on the nature of the conflict, face-to-face interaction may not be desirable or warranted. Ultimately, it is up to the parties to decide whether or not to meet face-to-face. This is true whether the mediation services are provided virtually or in-person.

Is Mediation Binding?

Unlike arbitration (where an arbitrator issues a binding decision on the facts of the case), mediation does not result in a binding decision by the mediator. The parties in a mediation are the ones who decide whether to agree on one or more issues. Only they can "bind" the other party through mutual agreement. In this way, a mediation settlement agreement between the parties can be binding as a contract between them. But the mediator's job is not to make a decision. Rather, the mediator facilitates discussions between the parties and helps them arrive at an agreed-upon solution.

Do I Need a Lawyer to Mediate?

Hiring an attorney is not a pre-requisite to mediation. At the same time, you are always welcome to hire an attorney who represents you and your interests in mediation. Keep in mind that the mediator is a neutral party and does not represent either party in the dispute. Thus, you may elect to seek out legal representation if you want someone who can represent you and your interests. Ultimately, though, the success of mediation depends on the parties' willingness to engage in good faith and work toward solutions. Hiring an attorney may or may not further those goals.

How Long Does Mediation Take?

The length of mediation depends on the number and complexity of issues mediated. Some mediations with fairly straightforward issues can be conducted in just a few hours. Most divorce mediations take between 10-15 hours to complete, including pre-mediation work with the parties, the mediation itself, and post-mediation settlement work. Some mediations with more complex issues, more than two parties, or other pending legal matters may take longer. On average, though, planning for 10 hours of mediation is a reasonable estimate.

Should I Just Mediate My Own Dispute to Save Time and Money?

Mediations are like any other professional service: it is in your best interest to contract with a trained and experienced mediator like Dr. Earwicker in order to navigate the complexities of negotiations and conflict resolution. There is great value in hiring a third-party neutral - the mediator - to assist with the process of conflict resolution. A trained, experienced mediator can skillfully navigate complex interpersonal, psychological, and transactional dynamics. A skilled neutral brings a fresh perspective and a dispassionate evaluation of the situation. This third-party view, especially when coupled with expertise and skill, is an invaluable part of the mediation process.

Is Virtual Mediation as Good as In-Person Mediation?

Advances in technology have made it possible to replicate the effectiveness of in-person mediation services in remote, online, and virtual formats. Some people prefer the in-person format because of the ability to be in the same room with the other party or parties to a dispute. This can be true for any type of dispute, from divorce mediations to contract negotiations and employment disputes. However, all of the dynamics of an effective mediation (including separate "caucuses" and joint "conferences") are easily replicated in virtual platforms. Virtual mediation can also save time and money, because there are no transportation costs, and parties in different locations do not have to negotiate the location of an in-person mediation. In short, virtual mediation can be just as effective as in-person mediation services. Live video streaming and other online technologies make virtual mediation just as effective as in-person counterparts.

Expert Fishers Mediation

Expert Fishers Mediation

Fishers Mediation

Dr. Earwicker's Mediation Services

Dr. Ben Earwicker provides expert mediation services, both online and remotely.

Meet the Expert

Dr. Ben Earwicker, Ph.D., provides expert mediation, drawing on his nearly two decades of experience with conflict resolution and mediation. He has successfully mediated dozens of disputes through his national private practice and administration of a state-wide mediation program through the Idaho Human Rights Commission.

Why Mediate with Dr. Earwicker?

Ben’s empathetic approach to conflict resolution ensures the best potential for reaching agreement and discovering a way through conflict. He knows how to navigate complex, technical, and emotionally-charged disputes in almost any context, from employment and labor disputes to family and divorce conflicts to contracts and corporate negotiations. Ben has helped many parties reach mutually-acceptable outcomes through his expert mediation and dispute resolution services.

Contact Dr. Earwicker today, and lean on Ben’s expertise to help resolve your conflict.

The Solution for Your Conflict Resolution

Conflict comes in all shapes and sizes. But at its core, all conflict represents a huge drain of time, money, energy, and other resources. And even though your instinct may be to fight it out, costly legal battles and unresolved conflict can drag on for years with no end in sight.

The cost of conflict is enormous.

Think about the cost of your conflict. Even though you might be on the right side of the situation, there’s no guarantee you can convince the other party of that. In fact, conflict tends to polarize positions and make things even worse over time. Fighting to win is exhausting, and it eventually takes its toll.  

That’s where my mediation can help.

Done right, mediation offers a fresh perspective from a neutral third-party. With mediation, you can finally find a way through your conflict with a skilled facilitator who knows how to assist in a productive negotiation and the conflict resolution process. 

Use my expertise to get “unstuck.”

There’s nothing worse than feeling stuck in a conflict you can’t escape. Even if you have the means to fight it out in court or see the conflict through to the bitter end, it’s rarely worth it.

I can help.

Talk with me today about how my mediation services can help you move more quickly through your conflict toward resolution and settlement. 

Put this conflict behind you, once and for all.

Fishers Mediation

Our Solution for your Conflict Resolution

Our Fishers mediation can save you time and money.

Mediation can be an effective, cost-saving way to resolve any type of conflict or dispute. Avoid protracted litigation and expensive legal battles with skilled mediation services. No matter how complicated the situation, mediation can help you find a way forward through conflict.

Mediation is a structured negotiation, facilitated by our skilled mediator. Through a series of conversations, conferencing, and strategic sessions, our mediator guides the parties involved in conflict through a process of purposeful discussion and negotiation.

Done right, mediation can break through impasse and generate momentum toward resolution and a negotiated settlement agreement.

Mediation is often the best way to amicably resolve conflict.

We all deal with conflict we didn’t ask for or deserve. And the instinct to push back and fight is a natural response. No one wins in a long, drawn-out conflict, though. And fighting on principle can be an enormous wast of time, money, and other limited resources.

Sometimes it’s best to take a step back and approach the situation differently. Mediation can help.

Professional mediation can help structure a negotiated solution to your conflict. And an experienced mediator can help the parties approach the conflict differently, moving everyone toward ultimate resolution.

Don’t let conflict take up any more of your time and resources. 

Contact us today to discuss our solution for your conflict resolution: Fishers Mediation.

Mediation in Indiana

There are no state or federal certification requirements for mediation in Indiana. That means that mediators can provide mediation outside of the courts with little or no experience. That’s why you want an experienced, credentialed mediator to help guide your mediation.

Court-ordered mediation, however, does have certain requirements, which you can see at the Indiana Courts ADR page, a section of the Indiana Judicial Branch. The Indiana Commission for Continuing Legal Education supervises the mediation and ADR programs, overseeing the administration of court-appointed mediators and legal education requirements.

Ultimately, when choosing a mediator, you want to evaluate the mediator’s experience, credentials, and areas of expertise to make sure there is a good fit with you and the conflict you are trying to resolve. Contact us today to discuss our mediation services and how we can best meet your mediation needs.

How Much Will Mediation Cost?

Prices include all mediation services, from pre-convening consultation through post-mediation settlement work.

Initial Consultation

$ 99 One Time Fee
  • 60 Minutes
  • Consultation covers the Nature and Extent of Conflict and Goals for all Parties Involved
  • No Obligation to Continue with Virtual Mediation
  • Discuss your Situation in Depth

Hourly Rate

Contact
for Hourly Rates and a Custom Estimate
  • Competitive Rates
  • Total Hours Depend on Nature and Extent of Conflict
  • Billing can be Divided
  • Convenient Scheduling
get a quote

Frequently Asked Questions - Fishers Mediation

What Does Mediation Look Like?

Mediation is a structured conversation and negotiation. The parties first meet separately with Dr. Earwicker. He explores each person's goals, ideals, and interests in detail. This helps structure mediation conversations. In some divorce mediations, parties opt to provide written position statements prior to the mediation, but that is not required. After meeting with the parties, Dr. Earwicker will schedule the mediation. Typically, the mediation occurs in separate rooms. In some cases (or upon request), Dr. Earwicker will bring the parties together in the same room, either virtually or in-person. In other cases, the parties will not meet face-to-face. Either way, Dr. Earwicker facilitates the discussion and structures the mediation to move the parties toward a negotiated solution. If the parties agree on one or more issues, Dr. Earwicker provides a written settlement agreement for the parties to review and sign. Any mediation agreement is completely voluntary and between the parties to the dispute.

Do I Have to See the Other Party Face-to-Face?

In any mediation, face-to-face contact is not required for a successful mediation. Sometimes it may be beneficial to convene a joint session with the parties all in one room (either virtually or in-person). At other times, depending on the nature of the conflict, face-to-face interaction may not be desirable or warranted. Ultimately, it is up to the parties to decide whether or not to meet face-to-face. This is true whether the mediation services are provided virtually or in-person.

Is Mediation Binding?

Unlike arbitration (where an arbitrator issues a binding decision on the facts of the case), mediation does not result in a binding decision by the mediator. The parties in a mediation are the ones who decide whether to agree on one or more issues. Only they can "bind" the other party through mutual agreement. In this way, a mediation settlement agreement between the parties can be binding as a contract between them. But the mediator's job is not to make a decision. Rather, the mediator facilitates discussions between the parties and helps them arrive at an agreed-upon solution.

Do I Need a Lawyer to Mediate?

Hiring an attorney is not a pre-requisite to mediation. At the same time, you are always welcome to hire an attorney who represents you and your interests in mediation. Keep in mind that the mediator is a neutral party and does not represent either party in the dispute. Thus, you may elect to seek out legal representation if you want someone who can represent you and your interests. Ultimately, though, the success of mediation depends on the parties' willingness to engage in good faith and work toward solutions. Hiring an attorney may or may not further those goals.

How Long Does Mediation Take?

The length of mediation depends on the number and complexity of issues mediated. Some mediations with fairly straightforward issues can be conducted in just a few hours. Most divorce mediations take between 10-15 hours to complete, including pre-mediation work with the parties, the mediation itself, and post-mediation settlement work. Some mediations with more complex issues, more than two parties, or other pending legal matters may take longer. On average, though, planning for 10 hours of mediation is a reasonable estimate.

Should I Just Mediate My Own Dispute to Save Time and Money?

Mediations are like any other professional service: it is in your best interest to contract with a trained and experienced mediator like Dr. Earwicker in order to navigate the complexities of negotiations and conflict resolution. There is great value in hiring a third-party neutral - the mediator - to assist with the process of conflict resolution. A trained, experienced mediator can skillfully navigate complex interpersonal, psychological, and transactional dynamics. A skilled neutral brings a fresh perspective and a dispassionate evaluation of the situation. This third-party view, especially when coupled with expertise and skill, is an invaluable part of the mediation process.

Is Virtual Mediation as Good as In-Person Mediation?

Advances in technology have made it possible to replicate the effectiveness of in-person mediation services in remote, online, and virtual formats. Some people prefer the in-person format because of the ability to be in the same room with the other party or parties to a dispute. This can be true for any type of dispute, from divorce mediations to contract negotiations and employment disputes. However, all of the dynamics of an effective mediation (including separate "caucuses" and joint "conferences") are easily replicated in virtual platforms. Virtual mediation can also save time and money, because there are no transportation costs, and parties in different locations do not have to negotiate the location of an in-person mediation. In short, virtual mediation can be just as effective as in-person mediation services. Live video streaming and other online technologies make virtual mediation just as effective as in-person counterparts.

Expert Fishers Divorce Mediation

Fishers Divorce Mediation

Fishers Divorce Mediation

Mediate Virtually, Online, or In-Person with Dr. Ben Earwicker, Ph.D.

Conflict Resolution with an Expert Divorce Mediator

Fishers divorce mediation can save you time and money.

Divorces can be some of the most contentious and painful conflicts many of us will ever experience. Child custody arrangements, division of assets, and other difficult decisions make divorce especially frustrating. You may be dealing with the stress of a long-standing conflict. Or you might face the frustration of impasse and deadlock. Perhaps you and a partner can’t agree on a way forward.

Regardless of the extent of your conflict, divorce mediation can provide a way forward.

First, it’s important to work with a skilled facilitator. Expert mediator Dr. Ben Earwicker can guide you through your conflict to resolution. Second, how effectively you deal with conflict depends on the tools you apply.  Divorce mediation with our experienced mediator can help break through impasse. Dr. Earwicker can help you resolve your divorce disputes and write a new chapter.

Don’t let conflict take up any more of your time and resources. 

Contact Dr. Earwicker today to discuss virtual, online, and remote Fishers divorce mediation.

Fishers Divorce Mediation Basics

Fishers divorce mediation can be an alternative to lengthy, public court battles. A divorce mediator can assist with a settlement agreement on issues like property division, alimony, child support and child custody, and more. In Fishers, to file an uncontested divorce, you must provide a written settlement agreement that details the agreements between the spouses. And you must have lived in the state for at least 6 months prior to filing for divorce. Ind. Code §31-15-2-10 (2021)

Fishers divorce mediation can save you significant time and money when you use a divorce mediator to assist in your divorce settlement agreement. Indiana Legal Help provides online divorce forms to assist you with the process of filing for divorce once you have your written settlement agreement prepared. The Indiana Judiciary’s Self-Service Legal Center also provides useful forms and information on filing. Finally, the county directory of Indiana courts offers a list of all county trial courts and clerks where you can file for divorce in Indiana.

You can save time and money by first working with a mediator to resolve your disputes and then file an uncontested divorce in Fishers.

For more information on Fishers divorce mediation, visit DivorceNet’s page on divorce in Indiana.

Divorce mediation offers a number of advantages, including:

  • lower cost,
  • freedom to make informed decisions,
  • control, and
  • communication.

You and your spouse control the outcome of divorce mediation, not the courts.

For divorce mediation to be successful, it’s important that both spouses engage in good faith. Mediation will likely not be successful if one spouse is more interested in harming the other spouse than resolving disputes over property or child custody arrangements. If both spouses engage in good faith, though, mediation can save significant time and money for both spouses. 

Dr. Earwicker's Mediation Services

Dr. Ben Earwicker provides expert mediation services, both online and remotely.

Meet the Expert

Dr. Ben Earwicker, Ph.D., provides expert mediation, drawing on his nearly two decades of experience with conflict resolution and mediation. He has successfully mediated dozens of disputes through his national private practice and administration of a state-wide mediation program through the Idaho Human Rights Commission.

Why Mediate with Dr. Earwicker?

Ben’s empathetic approach to conflict resolution ensures the best potential for reaching agreement and discovering a way through conflict. He knows how to navigate complex, technical, and emotionally-charged disputes in almost any context, from employment and labor disputes to family and divorce conflicts to contracts and corporate negotiations. Ben has helped many parties reach mutually-acceptable outcomes through his expert mediation and dispute resolution services.

Contact Dr. Earwicker today, and lean on Ben’s expertise to help resolve your conflict.

Fishers Divorce Mediation with Dr. Earwicker

Child Custody Battles. Division of Property. Asset ownership and control. Divorce mediation services can be used to resolve each of these conflicts, and more. Using virtual or in-person mediation,  Dr. Earwicker guides the parties through a process of negotiation that can result in a solution created by and for the parties themselves. Divorce mediation requires a willingness to engage and an openness to whatever solutions emerge. And as mediation.com notes, “The mediator acts as a third party, with the aim of improving communication between the disagreeing parties in order to find a suitable means of settling the dispute.” In this way, Dr. Earwicker brings a fresh perspective and the tools to make that happen. Whether you prefer virtual or in-person mediation, Dr. Earwicker can provide you with the expert divorce mediation services you need to resolve your dispute. Conflict resolution is just a click or call away.

The Goal of Fishers Divorce Mediation

You’ve already made the difficult and painful decision to pursue a divorce. You want to avoid a nasty, public court battle. You also know you need a skilled facilitator to help guide you through the conflict resolution process. The issue, then, is figuring out exactly how to work through the conflict and come out better on the other side. Just like visiting a physician for physical ailments, it’s best to seek out a professional mediator to help resolve your divorce disputes. The end goal? Resolution. Peace of mind. A fresh start. Putting all this behind you and moving on. Dr. Earwicker has the skills and experience you need for a mediated solution to your divorce disputes.

How Much Will Mediation Cost?

Prices include all mediation services, from pre-convening consultation through post-mediation settlement work.

Initial Consultation

$ 99 One Time Fee
  • 60 Minutes
  • Consultation covers the Nature and Extent of Conflict and Goals for all Parties Involved
  • No Obligation to Continue with Virtual Mediation
  • Discuss your Situation in Depth

Hourly Rate

Contact
for Hourly Rates and a Custom Estimate
  • Competitive Rates
  • Total Hours Depend on Nature and Extent of Conflict
  • Billing can be Divided
  • Convenient Scheduling
get a quote

Frequently Asked Questions - Fishers Divorce Mediation

What Does Mediation Look Like?

Mediation is a structured conversation and negotiation. The parties first meet separately with Dr. Earwicker. He explores each person's goals, ideals, and interests in detail. This helps structure mediation conversations. In some divorce mediations, parties opt to provide written position statements prior to the mediation, but that is not required. After meeting with the parties, Dr. Earwicker will schedule the mediation. Typically, the mediation occurs in separate rooms. In some cases (or upon request), Dr. Earwicker will bring the parties together in the same room, either virtually or in-person. In other cases, the parties will not meet face-to-face. Either way, Dr. Earwicker facilitates the discussion and structures the mediation to move the parties toward a negotiated solution. If the parties agree on one or more issues, Dr. Earwicker provides a written settlement agreement for the parties to review and sign. Any mediation agreement is completely voluntary and between the parties to the dispute.

Do I Have to See the Other Party Face-to-Face?

In any mediation, face-to-face contact is not required for a successful mediation. Sometimes it may be beneficial to convene a joint session with the parties all in one room (either virtually or in-person). At other times, depending on the nature of the conflict, face-to-face interaction may not be desirable or warranted. Ultimately, it is up to the parties to decide whether or not to meet face-to-face. This is true whether the mediation services are provided virtually or in-person.

Is Mediation Binding?

Unlike arbitration (where an arbitrator issues a binding decision on the facts of the case), mediation does not result in a binding decision by the mediator. The parties in a mediation are the ones who decide whether to agree on one or more issues. Only they can "bind" the other party through mutual agreement. In this way, a mediation settlement agreement between the parties can be binding as a contract between them. But the mediator's job is not to make a decision. Rather, the mediator facilitates discussions between the parties and helps them arrive at an agreed-upon solution.

Do I Need a Lawyer to Mediate?

Hiring an attorney is not a pre-requisite to mediation. At the same time, you are always welcome to hire an attorney who represents you and your interests in mediation. Keep in mind that the mediator is a neutral party and does not represent either party in the dispute. Thus, you may elect to seek out legal representation if you want someone who can represent you and your interests. Ultimately, though, the success of mediation depends on the parties' willingness to engage in good faith and work toward solutions. Hiring an attorney may or may not further those goals.

How Long Does Mediation Take?

The length of mediation depends on the number and complexity of issues mediated. Some mediations with fairly straightforward issues can be conducted in just a few hours. Most divorce mediations take between 10-15 hours to complete, including pre-mediation work with the parties, the mediation itself, and post-mediation settlement work. Some mediations with more complex issues, more than two parties, or other pending legal matters may take longer. On average, though, planning for 10 hours of mediation is a reasonable estimate.

Should I Just Mediate My Own Dispute to Save Time and Money?

Mediations are like any other professional service: it is in your best interest to contract with a trained and experienced mediator like Dr. Earwicker in order to navigate the complexities of negotiations and conflict resolution. There is great value in hiring a third-party neutral - the mediator - to assist with the process of conflict resolution. A trained, experienced mediator can skillfully navigate complex interpersonal, psychological, and transactional dynamics. A skilled neutral brings a fresh perspective and a dispassionate evaluation of the situation. This third-party view, especially when coupled with expertise and skill, is an invaluable part of the mediation process.

Is Virtual Mediation as Good as In-Person Mediation?

Advances in technology have made it possible to replicate the effectiveness of in-person mediation services in remote, online, and virtual formats. Some people prefer the in-person format because of the ability to be in the same room with the other party or parties to a dispute. This can be true for any type of dispute, from divorce mediations to contract negotiations and employment disputes. However, all of the dynamics of an effective mediation (including separate "caucuses" and joint "conferences") are easily replicated in virtual platforms. Virtual mediation can also save time and money, because there are no transportation costs, and parties in different locations do not have to negotiate the location of an in-person mediation. In short, virtual mediation can be just as effective as in-person mediation services. Live video streaming and other online technologies make virtual mediation just as effective as in-person counterparts.