What is Mediation?

Mediation is a process where a neutral and impartial third person acts to encourage and facilitate the resolution of dispute without prescribing what it should be.      It is an informal and non-adversarial process intended to help disputing parties reach a neutrally acceptable agreement. 

Mediators do not give legal advice.

They do not render decisions. They have no skin in the game. They are bound by law to maintain confidentiality in the mediation process, EXCEPT when there is suspicion of abuse, child abuse or neglect. (The mediator is required to be a mandatory reporter in this case.) Mediators should be certified although there are some states that do not require it. We HIGHLY recommend you seek out a Certified Mediator.

What happens in a divorce mediation?

Mediation can be pro se (each party represents themselves), however as certified family law mediators, we recommend that each party have their own attorney. Both spouses can be in the same room or they can be in separate rooms. They can start together and then go to separate rooms, or conversely, start in separate rooms and come together at the end of the mediation process.

What if we can't decide?

The mediation process is a chance for you to have more control than if you went to court. Sometimes partial agreements are drawn up and signed by both parties. This is a great start. You can come back at another time or go to court if one or both parties cannot come to an agreement.

 

            “I’ll see you in court,” is often spoken to give the illusion of power and control, when in fact, it is just the opposite. You have so much more control and power in mediation to make the best decisions for you and your children.

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