Option- Mediation
There are various kinds of mediation.
Private mediation, as mentioned in an earlier blog, is completely voluntary. Both sides must agree to the mediation and the mediator for mediation to be used.
Mediation can be used at any time during the process if the parties believe it can help them reach a resolution.
In almost all kinds of mediations, there are two key parts to the process different from litigation.
The first is the mediation process is confidential. If mediation is successful, paperwork is filed with the court, but all other aspects of the mediation are confidential.
The second key part is there is a mediator. The mediator is a neutral third party. Mediators do not always need to be licensed attorneys. In fact, mediators are not supposed to give legal advice; however, legal information is allowed, so our firm believes an attorney mediator is the best option. We find this especially true if you wish the mediator to draft a marital settlement agreement or any orders on your behalf.
Mediators typically facilitate communication between the parties to help identify goals, desired outcomes, and to see if settlement can be reached on the key parts of the family law action. These key parts can include any or all of the following (a) child custody and parenting plans, (b) child support, (c) spousal support, (d) property rights, and (e) attorney’s fees and costs.
A mediator is not an arbitrator nor a private judge, nor in the role of attorney for either party, so it is important any parties entering into mediation understand the mediator will not be giving legal advice and will not be ruling or making court orders.
The mediator will help the parties try to reach agreements on any and all issues related to their family law needs; and, if agreements are reached, an attorney mediator can draft agreements for the parties to be submitted to court.
An ethical and skilled mediator will inform parties of this distinction right at the beginning, and even attorney mediators will encourage and recommend each party speak with an individual attorney and/or have an individual attorney for each party review any agreements before submitting anything to the courthouse to ensure any agreements reached in mediation will last.
Skilled mediators typically do multiple mediation sessions with the parties. Often the first mediation session is a getting to know one another, setting ground rules, identifying key issues, deciding the priority of each issue, and whether any other professionals might be needed or helpful to the mediation process. There are additional sessions until each issue is addressed; and the final session usually involves confirming mediation sessions are done, which may include review and finalizing the written agreement if this was part of the mediation services.
In our firm, we do mediation.
If you believe mediation is right for you and you contact our firm, please make clear at the onset both sides agree and want mediation services. To ensure mediators in our firm are neutral third parties the pre-screening process for both parties is kept to the minimum information needed to start the process. If you are unsure which process is right for you, we recommend you go through the typical litigation screening process, and then if it is determined mediation is best going forward, if we believe being neutral is no longer possible, as a courtesy, we will provide you with other options for mediators.
Mediation is just one of the options available for handling your family law matter and has many positives to using this process; however, it is not right for everyone. Do your research, consider your options, and if both of you can agree, this might be the best process to handle your family law matter.