Mediation

Mediation has many advantages. First, the parties are always in control of the outcome. Many people appreciate the chance to have more say in determining their own and their children’s future. Second, mediation is conducted in an informal manner in a private, confidential setting rather than a public forum such as a courtroom. Third, although parties in mediation are always given plenty of time to carefully consider options, seek advice, and make informed decisions, mediation is frequently faster than other resolution processes. Fourth, since the mediator represents neither party, the mediator can assist them in discussing matters in a way that is helpful in reaching mutually beneficial solutions. Fifth, mediation is usually less expensive than other resolution processes.

It is sometimes difficult to know whether mediation can help without first trying it. Prior to going to mediation, people have often already made unsuccessful attempts to resolve matters. Since discussion in mediation is quite different than that which takes place in other contexts, parties frequently make progress in mediation despite not having done so using another process.

Almost any issue in a divorce can be mediated including, but not limited to, parenting times, parental decision-making, special expenses, property division, and support.

The cost of mediation varies from mediator to mediator much in the same way it might vary among attorneys. Although mediation might at first glance seem like an extra cost, it is usually a significantly less expensive way to arrive at the ultimate outcome. Parties in mediation create the arrangements themselves, with the help of the mediator. Therefore, mediation parties are generally not incurring the costs of having their attorneys negotiate or advocate for them regarding the issues being mediated. The cost of the mediator is often significantly less than attorney fees.

Parties do not lose the ability to be represented by an attorney simply because they have chosen to mediate. Parties are encouraged to seek the advice of an attorney throughout the mediation process and before they enter into a mediated agreement. However, since parties in mediation are themselves actively involved in the creation of the outcome, mediation often saves time and money for each party.

Attorney attendance at mediation is generally neither required nor prohibited. Most people do not choose to have their attorney attend mediation with them. Rather, many people decide to obtain information and advice from their attorney between the mediation sessions as a way to obtain legal assistance in a more cost effective way.

In general, parties are permitted to have a support person attend mediation with them. All parties must agree on the terms and conditions under which they are willing to participate in mediation.

Although mediation often helps people reach a satisfactory solution even when they had little hope this was possible, there are circumstances when mediation is not appropriate or is only appropriate if certain conditions are in place. For example, mediation may not be appropriate if a party is fearful of expressing her or his needs in mediation.

A person who is or may be a victim of domestic violence may decline to participate in mediation. A person who is or may be a victim of domestic violence has the option to have a support person present at mediation sessions. It may be necessary to put safety procedures in place during mediation to help provide for the safety of a person who is or may be the victim of domestic violence as well as other persons present at mediation.

Mediation can be utilized even before anything has been filed with the Court. Frequently, people directly seek the services of a mediator the same way they might seek the services of another professional. The Mediation Coordinator may be contacted for assistance in locating potential mediators.

Mediation is usually a much faster way to arrive at a satisfactory outcome. Every mediation is different and therefore the length of mediation is generally unknown. It is common for a mediation session to last one and one half hours to two hours per session and, if more than one session is held, it is usually scheduled on a weekly basis.

No one can force a party to reach an agreement. Furthermore, all parties and the mediator reserve the right to terminate mediation at any time. Mediation does not forever preclude utilizing other processes to resolve the dispute. If no agreement is reached in mediation, the parties are entitled to later seek resolution through another process including presenting the matter to the Court for a decision.

Mediation assessment is a relatively informal discussion over the phone with the Mediation Coordinator. The assessment covers what mediation is, how it works and how it can benefit the parties. Then, at the end of the assessment, people can make an informed decision about whether they wish to pursue mediation as a means to attempt to arrive at a solution that fits the needs of each party.

Mediation is an organized problem solving process that utilizes a professional, impartial third person (the mediator) whose role is to guide the process of the discussion between the parties to assist them in attempting to reach a mutually acceptable solution.  The mediator will not determine what the parties must or should do.  Unlike litigation where an authority figure imposes a decision on the parties, mediation allows the parties to create their own best outcomes.  The parties determine whether an agreement will be reached and, if so, the terms of that arrangement.  Since the parties often know their needs better than anyone, they are frequently in the best position to create an outcome that is tailor-made to their own needs and those of their children.  When people create their own solutions , they are often more satisfied with the results and thus more willing to actually carry out those arrangements.  After an agreement is reached, the parities or their attorneys can ask the Court to order the arrangements agreed to in mediation.