Questions & answers

Straight answers to the questions people ask most before they mediate. If yours isn’t here, call (502) 632-3264.

About mediation

What does a mediator do?

A mediator is a neutral third party who helps people in a dispute communicate, understand each other’s positions and negotiate their own agreement. The mediator doesn’t decide who is right or impose an outcome; the parties stay in control.

Is mediation confidential?

Yes. What’s said in mediation is kept confidential and generally can’t be used later in court. Elizabeth will walk you through the specifics, and any exceptions, before you begin.

What kinds of disputes can be mediated?

Most civil disputes. Elizabeth mediates family and divorce matters, will and estate disputes, business and contract conflicts, workplace issues and property and neighbor disputes.

Can a Kentucky court order us to mediate?

Kentucky family courts may refer a case, or part of one, to mediation. Under the Family Court Rules, though, a court can’t refer every case or type of case as a blanket policy, and mediation isn’t used where one party may pose a risk of harm to another. Many people choose it on their own. Kentucky Family Court Rules of Procedure and Practice, Rule 39

Can we mediate if a lawsuit is already filed?

Yes. Mediation can happen before a case is filed, at any point while it’s pending, or after a judgment when new issues arise, such as modifying a parenting schedule.

About Elizabeth’s role

Elizabeth is an attorney. Can she represent one of us?

No. When she serves as your mediator she is neutral and does not represent or advise either party in that matter.

Do we each need our own attorney?

It isn’t required, but it’s often wise. Many people attend with their attorneys; others consult one before signing an agreement. Elizabeth can explain the legal landscape to both of you, but she can’t advise either of you individually.

Why does it help that the mediator is a lawyer?

An experienced attorney can explain what each party may face if no agreement is reached. Understanding the realistic alternatives to settlement is often what moves a negotiation forward.

The practical details

How long does mediation take?

Many matters resolve in a single session; complex ones may need more than one. Compared with litigation, which can take years, most mediations conclude in weeks. You’ll get a realistic sense of timing during your first call.

How much does it cost, and who pays?

Fees are explained before anything is scheduled. The mediator’s fee is typically shared between the parties, which usually makes mediation far less expensive than litigating the same issues.

What if the other person and I can’t be in the same room?

That’s common, especially in high-conflict situations. Sessions can be structured so each side meets with Elizabeth separately while she carries proposals between you. Please mention any safety concerns when you first call.

What if we don’t reach an agreement?

Nothing is final unless everyone agrees. If you don’t settle, you keep every option you had before, including going to court. Even a partial agreement narrows what’s left to resolve.

How should I prepare?

Know your priorities, gather the relevant documents, and come ready to listen as well as speak. See the full preparation checklist.

Where are sessions held?

Sessions are held in Louisville, and the location is confirmed when you schedule. If someone can’t attend in person, ask about other options when you call.

Ready to talk it through?

A short conversation is the best first step. Elizabeth will listen, explain how mediation could work for your situation, and answer your questions about timing and fees.

(502) 632-3264

1041 Goss Avenue, Louisville, KY 40217
Monday to Friday, 8 to 5; weekends by appointment