Stephen McDonough

Almost all our mediation clients work together with our help and reach a full agreement in an efficient way, saving thousands when compared to a court-based process. Since Avvo allows for anonymous reviews and will not confirm a poster's identity with the lawyer or mediator reviewed, it is difficult to respond in detail; but since a small % of our mediation clients don't complete the process, I think I know what case this is. Mediation clients have the option of selecting a fixed fee at our firm, or they can select hourly billing. Fixed fees almost always work out in the client's favor when compared to what they would have paid if hourly, and this matter was no exception. The fixed fee package is set forth in clear detail, and includes a set number of meetings, and an overall generous time period for our services. If a couple is unable to reach an agreement, then they may continue to work with the mediator on an hourly basis. All of this is clearly spelled out. Mediation is voluntary, and both sides must compromise on their positions to reach a settlement. We do our best to help, but sometimes a person may cling to an unreasonable position or just not be emotionally ready to move forward. The reviewer complains that they "spent months getting nowhere in their negotiations." First, that is not accurate and to blame the mediator for a lack of progress is not fair, because a mediator is neutral and cannot impose anything on anyone. Progress and a successful mediation really rests with the clients. When there is an impasse, it may not make sense to continue a mediation, and the parties may need to get their own lawyers to help them finish the divorce. A mediator could also select not to continue with the mediation if for example one person does not cooperate in the process, seems unwilling to negotiate further, or will not disclose necessary financial information to move forward. The reviewer says they hired lawyers and were able to reach an agreement, which is great. The reviewer makes it seem like they accomplished nothing in mediation then magically just settled everything. That is not what really happens in my experience. I have also served as the lawyer coming in at the end of the process after a mediation stalled at other firms. Frankly, a person may need "a reality check" and more legal advice from a lawyer outside of the mediation process, although not normally. Once this occurs, people will oftentimes wrap things up quickly. Here, we had many mediation sessions where issues were flushed out and if not fully agreed upon, then narrowed down considerably. The parties were close to completion when the mediation ended. If this is the person I think it is, if I explained the law or if something came up in a meeting that did not fully support the reviewer's position, then I was being "biased." Our fixed fee clients fully understand what they are going to pay before any mediation starts, so if they paid more than it was because they required ADDITIONAL SERVICES not included in the plan, like extra sessions. Again, the fixed - fee plan clearly sets forth what is and what is not included. Of course, this couple would have incurred fees for their own attorneys, but that is nothing to do with my mediation services. I think potential clients need to consider online reviews carefully. I take much pride in my firm, our lawyers and mediators and the difficult work we do. Leaving a negative review because someone was not willing to finish the mediation is unfortunate. I agree that it is disappointing when a couple cannot reach a mediated settlement, but blaming the mediator is a stretch.