Mediation
Mediation is an assisted conversation that helps you resolve problems. You meet with a neutral mediator – not your attorney or your spouse’s – to talk about the decisions you face during divorce or other family dilemmas. Such discussions without a mediator can quickly degenerate into negative, hurtful, or angry interactions. A neutral mediator helps you can talk about difficult issues in a more productive way.
Benefits of Mediation
You're in Control
Mediation puts you in control of your schedule, the expense, the outcome, and your future.
Test Drive
Mediation gives you time to try options you’re considering, including parenting arrangements.
Cost Efficient
It's an opportunity to avoid excess court and attorney fees, court appearances, and unnecessary stress.
Lasting Results
Agreements reached together are more likely to be followed than decisions imposed by the court.
How does Mediation work?
You and your spouse will meet with the mediator for one or more sessions. In these sessions you will discuss issues you are required to address when divorcing, and cover topics beyond those required by the court such as children’s college education, shared childcare, or how to deal with future conflicts to ensure children will not be caught in the middle.
On average, couples utilize two or three, two-hour sessions. The length of time between sessions is up to you. It’s important not to rush the process and to fully address each concern so you emerge with a satisfying, enduring, and comprehensive agreement.
Once you reach agreement, the mediator puts everything in writing for your review. You will return for a final session to fine-tune the agreement, if needed, and sign an original.
Is Mediation for Everyone?
No. If any of the following are present, the collaborative process or litigation may be a better option:
- On-going physical abuse
- One spouse feels significantly intimidated by the other
- On-going substance abuse
- Significant mental illness
How Do Mediators Facilitate Decisions?
A mediator does not make decisions for you.
You and your spouse know best your needs and those of your children. This makes you best positioned to make decisions about your divorce settlement. What you may not be sure of are all the issues about which you need to make decisions and the available options. That is where a mediator can help.
Do We Need An Attorney If We Mediate?
The use of an attorney is up to you.
Some people choose to reach a tentative agreement and review the agreement with an attorney before signing. Others seek advice from an attorney throughout the mediation process. When consulting an attorney we recommend working with one who also regularly works as a mediator.