Mediation Frequently Asked Questions

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Mediation is a form of dispute resolution.

A mediator is a neutral party, and does not give legal advice to either party.

A mediator walks people through topics of disagreement.  

The goal is to come to a mutual and voluntary agreement.  

Mediation saves time and money.

It also gives the parties more control over the outcomes of litigation.

Arbitration is a form of dispute resolution.

An arbitrator is a neutral party, and does not give legal advice to either party.

An arbitrator hears sworn testimony and evidence from both sides, just like in a courtroom.

An arbitrator makes a decision and submits it to the court.

Mediations are generally conducted with both parties in the same room or Zoom session.

The parties can be separated if the mediator believes it is in the best interest of the parties.

Absolutely!  You will be provided with a Zoom link prior to the scheduled session. 

Mediations conducted online allow both parties to be in the comfort of their own home or office.

No. You can participate in mediation with or without a court order.

Yes. Kristy Borders is open to being court appointed as mediator on Missouri cases.

Mediation cost varies.  We can put you in touch with programs which may pay some or all of the cost of mediation.

Yes. All parties will be provided with a "Memorandum of Understanding" after the session.

If the session was court ordered, the mediator will file a "Notice of Compliance" once the court ordered session has been completed.

If the mediation is court ordered, the mediator will file a "Notice of Non-Compliance" if the parties do not participate as ordered.

If the mediation is not court ordered, the mediator can only provide information regarding attempts to schedule with the parties.

Typically, mediation sessions are only for the named parties.  Non-named party attendance requires the consent of the parties and mediator.

Children should not be present for a mediation session.

Attorneys may attend mediation, however, some courts have local rules that prevent attorneys from attending mediation unless agreed upon by the parties and mediator.

If an order of protection is active, the mediator will only perform mediation via Zoom.

A mediator is responsible for ensuring a balance of power.

The mediator may decline to document agreements that are made involuntarily, without understanding, or under duress.

If a mediator identifies child abuse, it must be reported to the proper authorities.

A mediator may terminate a session to prevent harm to either party.

Yes. Openings are available during the day, evenings, and weekends.