Mediation

Mediation is the process where the parties attempt to reach a settlement, for either temporary or final, outside of court. There are several benefits to mediation:

1. Mediation is less expensive than a trial.
2. An agreement reached in mediation is binding and irrevocable, and once the parties sign the mediated agreement, they cannot go home and change their mind. Why is this helpful? Because in mediation, the mediator helps the parties each take baby steps until they meet in the middle, with each party giving a little until an agreement is reached. A mediated agreement is rarely all of what a party wanted, but more something he or she can live with.
3. Perhaps the most important aspect of mediation is that the parties can be creative in coming to an agreement. They can try to come to an agreement that works for their own situation because no two families are the same. Why allow the judge to make all of the decisions regarding your child(ren) if the judge has either never met your child, or only talked with your child for about 15 minutes? Likewise, in a divorce case, why allow the judge to divide your assets when there may be some assets you would prefer over others? The beauty of mediation is that the settlement is customized to the parents and the children.

The parties can be creative in coming to an agreement. Why allow the judge to make all of the decisions regarding your child(ren)? in a divorce case, why allow the judge to divide your assets when there may be some assets you would prefer over others? The beauty of mediation is that the settlement is customized to the individuals and the specific children.

The courts require the parties to attend mediation prior to a final trial on the merits, and in some cases, prior to a Temporary Orders hearing (depending on the court).

What is the format of the mediation process?

In family law, the parents usually never in the same room with each other during a mediation. One parent and his or her attorney is in one room, and the other party and his or her attorney is in the other room. The mediator starts in the room of the Petitioner (the person who initiated the suit), and then goes back and forth between the two rooms until an agreement is reached. On some occasions, it may be that a partial settlement is reached, and only specific things are tried before the judge. For example, the parties may agree on all aspects of the child(ren), but cannot agree on the property division. Or, the parties may agree on everything except the geographic area within which the children must live, or perhaps the amount of child support that should be paid. Any areas not agreed to in mediation are presented to the judge by the introduction of testimony and evidence, and the judge will make a binding decision. 

Who are the mediators?

Mediators are specially trained for general mediation and have additional training to be a family law mediator. The mediators are family law attorneys, or sometimes former judges, who practice regularly in the court your case is in. The mediator is a neutral party and has no dog in the fight. In other words, they are there to help you come to an agreement, but they are completely unbiased.