Mediation Guidelines
Family law mediation is handled by an unbiased, neutral, third-party lawyer who represents the interests of both spouses and helps them work towards a solution that is fair for everyone.
The goal of a mediator is to identify the issues that need to be resolved, keep communication open, present practical working solutions, and instill a spirit of cooperation that will pave the way to an agreement created by the spouses themselves.
As firm supporters of mediation, we will use our training in divorce, marital property, and child custody mediation to help you and the other party understand your options and guide you as you craft your own solutions.
Why Mediation?
Mediation is a practical, peaceful alternative to expensive litigation fees in a process that usually only has one winner. In mediation, both spouses can leave winners.
Benefits:
- Mediation preserves family relationships
- Spouses can effectively communicate their goals and terms of engagement
- The focus on compromising protects families, especially those with children
- Spouses are less likely to leave bitter
- The chance of issues being revisited or changed at a later date decrease
- Terms and agreements can be drafted by the clients themselves without the hassle of involving the legal court system
Who should consider mediation?
Mediation works best for couples who are considering separating or getting a divorce, parents who are determining custody and visitation rights for their children, couples who plan to go through a reconciliation post – divorce, and/or couples who are preparing to enter into a marriage and foresee issues.
What does the mediation process look like?
During the first mediation appointment, the mediator sets up ground rules to ensure lines of communication remain open and that, in the interest of preserving friendly relations and relationships, feelings are not hurt.
The mediator gives both spouses the chance to explain the problem and share their story and emotional feelings without being interrupted or condemned. Then the mediator asks open-ended questions to help both sides understand each other’s feelings and foster understanding.
In trying to reach an agreement, the mediator will meet with both spouses together and/or separately. He or she will try to draft an agreement that is amicable to both spouses and includes resolutions to all of the issues.
It is a good idea to have the agreement looked over by an attorney before agreeing to it.
Who pays for mediation?
In the spirit of cooperation and communication, the spouses themselves will determine how best to split the mediation costs.
What if we don’t reach an agreement?
Mediation isn’t for everyone. Should you not be able to work out your dispute through mediation, we will refer you to an experienced family law attorney.
Litigation, though more expensive, provides resolutions to disputes that cannot be solved through combined efforts and shared communication. Litigation can solve matters of divorce, separation, alimony, child custody, child visitation and child support.
To learn more about how we can help you resolve your divorce using mediation, contact us today.