How Mediation Works
Mediation is a way to resolve your family law issues with the help of an impartial third party, the mediator. Usually the mediator gets the parties together and helps them discuss their various issues, allowing the parties to express their needs, desires and objectives with the goal of helping the parties to reach an agreement.
Mediation can occur with the parties’ attorneys present, but in family matters it is often conducted by the parties directly with the mediator.
Mediation is an entirely voluntary process, and can continue only so long as each person wishes to participate. Conversations and settlement discussion in mediation cannot be repeated in court. Through the process of mediation, you have the opportunity to negotiate your own settlement rather than have one imposed upon you by an attorney or judge. Successful mediation requires recognition by both parties that each must consider the position of the other, each must be willing to compromise and that neither should have to “win” or “lose.”
Although the negotiations are typically completed by the parties, each party is given full opportunity to have legal advice from an independent attorney before signing and entering into a legally binding agreement.
One of the primary advantages of mediation is that the process gives you an opportunity to choose the outcome of your family law issue. Unlike family court where the judge finally issues an order that often is not exactly what you wanted, mediation allows you to craft an understanding between both of you that you can both live with.
If you would like to speak with one of our attorneys about mediating your family law conflict, please contact us.
We look forward to hearing from you.