One Shared Objective:
Successful Resolution
Family & Divorce
Mediation
Family and divorce mediation can be a cost-effective option for parties who like to stay in control of decisions that are in the best interest
of their family and children.
of their family and children.
General
Mediation
Many disputes can be resolved through mediation, including the dissolution of business partnerships, landlord-tenant disputes, and others.
Communication Coaching
& Consulting
If you are interested in one-on-one coaching, I can create a plan and individualized sessions to improve your communication at work, family, and life.
Organizational Communication Training
If your organization has a communication or culture issue, I can develop interactive, informative, entertaining, and results-based training to address the issue or issues.
Andrea Lambert South, Esq., PhD
I am a Full Professor of Communication at Northern Kentucky University (NKU). I received my PhD in Family Communication from the University of Denver, my MA in Interpersonal Communication from Texas Tech University, and my BA in Communication and Psychology from the University of Kansas. I also completed a JD from Salmon P. Chase College of Law and am licensed to practice law in Kentucky. I have been a board member and mediator for the NKU Alternative Dispute Resolution Center since 2007. I am very active in the international, national, and regional organizations in the Communication field, and I am a member of the Association of Conflict Resolution and the Academy of Professional Family Mediators. I am also on the Kentucky Courts approved list of mediators.
In addition to my education and mediation experience, my research program examining divorce, family favoritism, death, and juvenile justice has yielded over 75 competitively selected papers at international, national, and regional conferences (including top paper designations) and has led to publications in journals such as the Journal of Divorce and Remarriage, the Journal of Family Communication, Death Studies, Communication Research Reports, Behavioral Sciences, and Qualitative Research Reports. This research informs my mediation practice, and I continue to strive to learn and advocate best practices in conflict resolution. I genuinely believe in an empathic and collaborative process that includes the best communication practices to reach the best outcomes in your case. As a neutral, I create the parameters and guide the process – you produce the results – by communicating, listening, and understanding. We can do this. Together.
Frequently Asked Questions
The goal of mediation is to lower conflict and keep you in control of your outcomes. For example, in divorce mediation, parties work through every divorce issue, including division of assets and debts, spousal maintenance, child-related matters such as parenting time, legal decision-making authority, and child support.
As I raise each issue, I will explain the law, address what is important to each of you, and help you reach your best possible agreements. You may be creative and agree upon something different than the law. You also customize your terms instead of a Judge deciding them for you. Once your agreements are reached, I will create the mediation agreement based on your decisions. You will review the documents and should seek independent legal advice before submitting your mediation agreement to the court.
The benefits of mediation compared to litigation are astounding.
Mediation:
- Saves you substantial money and time
- Is confidential and private
- Is far less stressful and better for you emotionally
- Focuses on finding solutions instead of fighting
- Keeps you in control of your terms
- Creates more respectful interactions
- Prevents anyone from “losing”
- And in divorce cases, mediation increases the probability of a healthy co-parenting relationship and is in the best interest of children.
Yes, both parties need to be present for mediation meetings. Likely, one party will reach out first for a consultation. After gathering information from the consultation discussion, I will reach out to the other party and assess whether they are open to mediation and get their perspective on the conflict. Once both parties agree to mediation, we will meet face-to-face or via Zoom. While both parties should conduct the meeting together, sometimes a breakout session is necessary. A “breakout” occurs when the mediator meets with each of you separately in different rooms (physical rooms when we meet face-to-face or Zoom breakout rooms if we are meeting virtually). Although most parties remain in joint meetings for their entire mediation process, it is not uncommon that, when helpful, I will speak with each party individually for 10 – 20 minutes and then reconvene back together to continue jointly again. Additionally, where specific circumstances or concerns call for the need to meet separately, we do so on a case-by-case basis.
Mediation is voluntary. Each party must agree to take part in the mediation process. Most commonly, in divorce mediation, one spouse is the initiator of the divorce. The other spouse usually falls on a spectrum from a tacit agreement that divorce is happening to complete refusal to acknowledge the idea of divorce. Spouses are rarely, if ever, in the same place emotionally. One is almost always more ready than the other.
Kentucky is a no-fault divorce state. This means that when one spouse wishes to divorce, a divorce will be finalized by the court, regardless of how the other spouse feels about it. One cannot prevent the other from getting divorced. Although one party may not want a dissolution of marriage, mediation can help parties discuss what they want and do not want in the future. Overall, even when a person does not wish to dissolve the marriage, they will have much more input and control over their lives and decisions when engaging in mediation rather than depending on the court’s default divorce rules.
Mediation costs vary widely depending on how mediators bill for services. Mediators with little experience and no legal training can charge as low as 100.00 per hour, and some lawyers charge as high as 500.00 per hour for legal services. Mediators charge per hour, and some charge a flat fee. I offer both options. You can choose an hourly rate of 250.00 per hour (each party pays half the rate), or I can create a flat-fee package based on your needs. I also offer discounts for Chase alumni referrals, and I do pro-bono mediations in some circumstances.
You and the other party will decide how payment is divided. Commonly, parties divide fees equally. For example, if you are married and still have joint accounts, and payment is made from this joint account, you have essentially divided fees equally. However, some parties decide to divide fees in proportion to their respective incomes. Less often, one party pays the entire fee, but this depends on the circumstances.
Additionally, as your mediator, I can work with you on creative options to share fees between parties if one or both do not have the availability to pay the fee upfront. I have made invoicing and payment easy and convenient as all fees can be paid through my website. I accept all major debit and credit card payments, including Visa, MasterCard, American Express, and Discover.
Mediation meetings are typically 2 hours long. Often anywhere between 2 to 6 meetings are needed to come to full agreements. Parties can move at their own pace, taking whatever time they need. When discussing payment and packages, we can also discuss how long I think the mediation will take based on my experience with past cases. Of course, my goal will be to have our mediation sessions as effective and concise as possible.
Yes. I am licensed to practice in the Commonwealth of Kentucky. However, during a mediation, I act as your neutral professional mediator. When mediating your case and drafting your mediation agreement, I am not acting as your attorney and cannot provide you with individual legal advice. You will be encouraged to have your own attorney review the mediation agreement before filing with the court.
Yes. I believe that all parties should have access to affordable and competent legal advice and services. However, I also acknowledge that not all attorneys are productive in helping parties have a respectful dissolution out of court – not because they don’t want you to – but because they are charged with fiercely advocating for your position. This is a noble goal but doesn’t always lead to a concise and cost-advantageous outcome.
To provide clients with access to legal advice, I can provide you with a list of family law attorneys. Rather than formally representing you and requiring that you “retain” their service and pay a large “retainer,” they act as your “legal advisor” and only charge per hour for the time you spend with them. You could get advice between meetings or have your agreement reviewed before you sign. It is your choice whether you get legal advice. To my knowledge, the advisors on the list support the integrity of mediation. They would not act to cause unnecessary conflict. If you already have an attorney, using them is appropriate as well, and we can still meditate effectively.
Choosing a mediator is one of the most important decisions you can make. Here are some key considerations:
- Choose a meditator that you trust. Do you feel your mediator is honest and genuine when you meet him or her in your first consultation? What is your mediator’s level of empathy and compassion? Do you think your mediator will be an “impartial” third party?
- Is your mediator active in the field of mediation? Look for leadership in professional organizations, published articles, and dedication to continuing education. I hope I have provided you some insight into the most frequently asked questions. To learn more, contact me at (859) 816-5216 or email me at andrea@lambertsouthmediation.com.
