Getting Results

There are three main reasons why you should choose Bluegrass Mediation. First, we are dedicated to the art of peaceful conflict resolution. Your post-divorce relationship doesn’t need to be full of resentment and hostility. We can assist your family in creating a peaceful transition from marriage through divorce and into your life post-divorce.

Second, Judge Charles R. Hickman (ret.) works solely as a mediator. He has over 17 years of courtroom experience.  It takes a very different set of skills to be a mediator vs. a litigator. Unlike many mediators who also litigate, Bluegrass Mediation believes it’s important to focus solely on mediating to be the best problem-solvers and facilitators of communication possible.  Let Judge Hickman’s experience and knowledge work for you in getting your legal issues and conflicts settled without the expense of litigation. 

Third, unlike litigation, we are very flexible when it comes to scheduling your appointment. We accept morning and evening appointments to accommodate all work schedules. We also offer online mediation for added convenience. We understand that life is demanding and only becomes more so during a divorce or other litigation. We will do our best to ensure we are available to meet with you and get your case settled in an efficient manner while allowing you time and flexibility when needed.

There are many reasons to choose mediation over litigation. Mediation is far less expensive than litigation and less stressful for you and your family (especially children). In Kentucky, mediation is also confidential and private, unlike litigation, in which hearings are open to the public and anything you do or say will end up on a  public court record. Additionally,  mediation offers you the unique ability to stay in control of your future, speak your mind, and achieve genuine closure through communication. 

 The mediation process is always a fraction of what you would spend in court. We charge an hourly rate and each party is responsible for one-half of the total fee.  We offer an initial free consultation, where we will discuss your case and based on the time it will take, give you an estimated cost.  You can decide if mediation is best for your situation.

This depends in part on your situation and the complexity of the issues you are facing. Under Kentucky law, there is a mandatory sixty (60) day waiting period between the date a divorce is filed (and served) and the date the couple can be officially divorced. However, we can complete the mediation process and help get you reach an agreement before the sixty (60) days have passed. In that case, the agreement can be filed and you are just waiting for the sixty (60) days to go by until your divorce is officially complete.  In most other cases, there is no mandatory waiting period.

The final terms of the  agreement you reach in mediation will be drafted by your attorney. Each of party has an opportunity to review the draft agreement on your own, and to have it reviewed by a separate attorney or other professional of your choice. Once final revisions have been made, it is signed by both you and the opposing party. The final agreement is filed by your attorney in the court along with any other necessary final court documents, and becomes an enforceable court order (ie., your divorce decree) once the Judge signs your Agreement.

If the parties have the desire to work together and the willingness to compromise to resolve their conflicts outside of the court system, you should be able to settle and complete your case through mediation. But despite the best of intentions, sometimes mediation does come to an impasse. While we can work through most impasses, mediation isn’t always the best fit for every party. If either party decides that they no longer wish to proceed with mediation, then they can continue the case within the court system.

Because mediation is a much more affordable option, there is little financial risk in trying, even if it isn’t successful, since much of the work we do in mediation is still necessary in litigation. Parties that begin  mediation are usually successful and save themselves tens of thousands of dollars. Just keep in mind that mediation can be challenging, and it is important not to give up.

While we cannot know how much you will ultimately spend in mediation combined with other associated costs, we can guarantee that your mediation will be a fraction of the cost compared to litigation.

When you go through the court system, your lawyer is not your only litigation expense. There are a whole lot of other professionals and fees you will pay: paralegals, court reporters, messengers, expert witnesses, consulting experts, photocopies, document processors, travel expenses, court filing fees, etc. Even with all of those expenses, lawyers don’t settle all lawsuits in direct negotiations. Quite often, an attorney will hire a mediator in the late stages of litigation. After all the discovery, depositions, motions, and pre-trial legal fees have been paid, your lawyer is likely to hire a mediator to help settle the case just before trial. In the end, parties find that they wind up paying for both a lawyer and a mediator regardless of which they pay first.

The agreement reached in mediation is filed with the court and is an enforceable court order that must be followed by the parties. In mediation, all parties are involved in the process, which is why agreements made via mediation are more likely to be voluntarily followed. If one party violates the terms of the agreement, the other party can come back to mediation to work out any issues with the agreement or they can always file a motion in the court.

In most cases, your division of assets and debts is a final order that cannot be renegotiated. On the other hand, a parenting plan and/or a support order are modifiable (unless the spousal support was agreed to be unmodifiable). Your current “custody order” or parenting plan is likely to be changed as time goes on. Children grow and change, family schedules change, and modifications will be needed.

As mediators, we routinely assist couples in modifying their existing parenting plans to create a plan that works for everyone. The new parenting plan will be filed with the court and replace your existing order. And as a courtesy to all of our past clients, we will always recalculate support numbers free of charge if there is a change in circumstances. If you decide to modify your current support order or need mediation to discuss, our hourly rate will apply. 

Rules of Professional Conduct prohibit a mediator from advising you on your legal rights while acting as your mediator. We cannot ethically advise you, and that is to your advantage. If you choose to have a lawyer, your lawyer is just that—your lawyer. They have a duty of loyalty to you and, in this dispute, to you alone. As mediators we can’t have loyalty to you over the other person. That is to your advantage. Your mediator works with both of you and for both of you, so while your mediator can give legal information they cannot provide legal advice to either of you

Like a judge, the law considers us a neutral. Like a judge managing the litigation, a mediator manages the mediation. Unlike a judge, who is there to decide your case for you, we are here for  your benefit. Our job is to help you reach the agreement that is your best solution for you.

So your lawyer (should you choose to have one) and your mediator have different jobs.  That specialization is to your benefit: a lawyer protects and advises you on your legal rights, and we manage the mediation process. We each get to focus on what we do best, and you will benefit accordingly.

If the parties can resolve all of their issues within the mediation process, they will most likely never have to set foot in a courtroom. Your lawyer will take care of drafting and filing all of the necessary court documents. Once everything is filed with the court, the judge will review the agreement before they sign it. While there are some rare exceptions, the vast majority of mediation clients will never be required to make a court appearance throughout their case.