Court-Ordered Family Mediation Services

Mediation is a process for assisted negotiation, problem solving and negotiation. Mediation is an informal process in which the parties resolve their own disputes without a judge imposing a solution upon them. Unlike a trial or arbitration, mediation gives the parties the opportunity to speak to each other in an informal setting that is guided by a neutral and impartial third person called a mediator. The mediator’s role is to help the parties communicate their positions to each other in a constructive manner so they can craft their own solutions.

The issues in divorce mediation can be resolved in a several hours, depending on the issues and the personalities involved. Some divorces are mediated in a single session. And, sometimes the process occurs over time, with a series of face-to-face and telephone sessions.

The desired outcome of the mediation process is a complete Marital Settlement Agreement (MSA) which reflects a couple’s future plans for their children and their finances. Following each mediation session our clients receive a draft of their customized agreement. Ultimately, when the Marital Settlement Agreement is complete the mediator reads it with the clients, it is signed and notarized.

In general, mediation is often faster, cheaper, simpler, and more private then ongoing litigation. Mediation offers participants an opportunity to process their anger, address future events, and create customized resolutions that meets their individual needs.

A mediator is a neutral and impartial facilitator. A mediator is a neutral as to the participants and impartial as to the outcome.

Mediators have no decision-making authority. The mediator creates an environment for collaboration, communication, and problem solving; provides analysis, information, and options; and facilitates discussions between the parties in order to help them identify, define, and re-frame their needs and issues. The mediator may use a combination of joint and individual conferences. Occasionally the mediator may make suggestions, ultimately however the parties make the final decisions. Once a resolution is reached the mediator puts the parties’ agreement into writing.

Anything you both agree needs to be discussed can be discussed in mediation. The mediator will help you create the agenda for your dialogue. In the case of divorce this agenda should include how you will divide your debts and your financial resources. If there are children involved a time sharing and decision-making plan, as well as the details regarding child support, must be included.

When we think about divorce and other family issues, we focus on the classic issues of marital property, support, and parenting. In mediation, we focus on empowering the couple to address and resolve the issues that are before the court. If the couple agrees with such resolution, the mediator drafts the Mediated Marital Settlement Agreement that addresses the Parenting Plan if there are children, the distribution of property, alimony, and child support (if applicable). These agreements become the blueprints for the future.

Mediation sessions are informal, relaxed, safe, and confidential. Most importantly, mediation is a faster process than ongoing litigation, saving time and money so household resources can remain with the families, as well as being less stressful on the parties and their children.

Mediation may be voluntary or court ordered. Nearly all family courts require mediation before the case is scheduled on the court’s calendar or goes to final judgment, even if you are represented by an attorney. If you are represented, your attorney will arrange for mediation in your case, and if you are not represented, you may arrange for mediation directly with me. Parties can voluntarily agree to go to mediation prior to filing their case or anytime during the court process.

The courts have recognized the crucial value of using mediation as a component of litigation, and have implemented mandatory mediation in all family law cases filed with the courts. Whether you have an attorney representing your interests or not, chances are you will end up in mediation. The mediator, acting as a neutral third party promotes the empowerment of the spouses to take charge of the future of their family and make decisions amongst themselves, instead of being determined by the Court.

……and mediation is appropriate for divorcing couples with and without attorneys.

The mediator can help you come to mutually acceptable agreements over issues such as:

Child time-sharing/ Property division/Child support/ Spousal support. Once you and your spouse have decided on terms of a settlement, the mediator prepares a document called the “Marital Settlement Agreement.”

If you are court ordered to mediation, you are required to attend mediation. However, the process itself is consensual and confidential. You are required to attend. You can leave at any time after mediation commences, which is after the mediator gives an opening statement. The question that really lies after that is Should you refuse the benefits of family mediation? Going through family mediation can peacefully resolve disputes, it is more affordable than hiring a lawyer and filing a case in court. Moreover, you can have the privacy to deal with your issues, unlike being in court where you might be talking in front of an audience during the trial. Before refusing, think of the solutions that both parties might get in a faster and peaceful way instead of filing a case against each other.

The differences between mediation and arbitration all stem from the fact that, in a mediation, the parties retain responsibility for and control over the dispute and do not transfer decision-making power to the mediator. Naturally, in view of these differences, mediation is a more informal procedure than arbitration.