Mediation

Discovering the directions to mutually
agreed solutions

Mediation is a nonadversarial process that attempts to bridge gaps, find common ground, and resolve differences.

The Advantages of Mediation: First, it is a flexible process that can be used as extensively as needed. It can be used to settle major war or minor skirmishes. Ideally, the mediation settlement will allow the parents and children to see each other, will provide for reasonable financial commitments, and will divide the property and debts equitably. An agreement that everyone can live with is an agreement that will be followed.

The Process: After finding a mediator, a mutually acceptable time for the mediation will be set. The mediation may take an hour, a day, or several days ~~ once the issues involved are made clear to the mediator, he or she can estimate how many sessions will be needed.

On commencement of the mediation session, a mediator shall inform all parties that the process is consensual in nature, that the mediator is an impartial facilitator, and that the mediator may not impose or force any settlement on the parties.

If successful, the parties will agree to resolve most or all of their differences, compromise, and end their case. It should be a great relief. The mediator will draft an outline of the major points agreed to, which the attorneys will later put in legal language. The agreement can then become all or part of the final divorce decree, submitted to the judge for approval.

Mediation Fees

Participants in the mediation process typically share the costs. Equal payment often encourages a level playing field and equal commitment to the process. However, if payments should be unequal, a mediator’s neutrality will not be affected by who writes the check.

The fees currently charged by this office for mediation services are $150.00 per hour. Session time exceeding one hour will be billed in 30 minute increments.

Confidentiality

All communications made during or in connection with the mediation that are related to the dispute, and all materials in the case file of the mediator, shall be and remain confidential, as provided by statue. The family mediator must “maintain the confidentiality of all information acquired in the mediation process, unless permitted or required to reveal the information by law or agreement of the participants” (Folberg, Milne, and Salem 2004:538).

Best Interests of the Children

The mediation process generally provides the best interests of children because it emphasizes self-determination and voluntary agreements and helps parents manage their conflicts reasonably. Most children benefit from having a continuing relationship with both parents after separation or divorce if it is safe for them to do so; mediation is perhaps the best dispute resolution process available to help parents achieve that goal through self-determined agreements.

Mediation is a nonadversarial process that attempts to bridge gaps, find common ground, and resolve differences. Mediation is also a confidential process. Whatever is said to the mediator is kept private, and whatever results are reached, good or bad, also remain confidential, unless the couple submits the agreement reached to the court for approval. Settlements should be a win/win process in which both parties are reasonably satisfied that the outcome met their needs and that they struck a deal everyone can live with.