Divorce Help 101
Mediation
Mediation is perhaps one of the most underused resources in all of family law. Essentially mediation is a low cost endeavor that allows the participants to explore and, if not settle the entirety of their case, limit or better understand the contested issues. While mediation offers no guarantee of settlement if parties approach the process in a good faith fashion then it is likely their case will be resolved.
Generally the parties pay for the services of a mediator as the process will allow the parties to save money in the long run.
Mediation at its base is a facilitated form of negotiation. While some states require that mediators have training or be certified prior to be included on Court appointed list, mediators do not have to have formal training. Simply because a mediator is trained or certified does not mean that they are effective, likewise, just because a mediator does not have training or certification does not mean that they are not effective.
When selecting a mediator, it is imperative that you do so conjunction with your attorney or some other professional who is familiar with area mediators. If attorneys in the case are unable to select a mediator, they may contact the Court and one will be appointed. In the event mediation is an option you want to pursue and you don’t have an attorney, you still can participate in mediation; however, you will need to take some additional steps.
First you must convince your spouse that mediation is a worth while option. If you and your spouse can still talk, explain to them the overview of the process. Essentially tell your spouse that mediation allows each of you to meet with a neutral third party who is trained to facilitate the settlement of your case. While the mediator cannot provide any legal advice nor will they be able to compel any settlement, they will be able to help identify issues and help work towards settlement. If you are unrepresented, you will want to identify a family court mediator either through professional references, recommendations from the clerk of court’s office at your local family court or through a list of certified mediators maintained by your local or state bar association.
Once a mediator is selected and a mediation date set, you will need to do some additional work either as directed by your attorney or the mediator. This may include organizing a summary of your case, gathering financial or other related documents or some other similar task. On the day of the mediation you will meet at the appointed location to engage in the mediation.
From this point the mediator will either work with the parties together or more likely put the parties into separate rooms and shuttle back and forth between the parties working on reaching an agreement on the issues existing between the parties.
One of the reasons mediation is so effective and makes so much sense is that it allows the parties to better understand the motivation behind certain issues and to also see what is important to the individual parties. As well, since the rules of Court prohibit any evidence from being offered as to settlement negotiations, the only thing a Court can know about mediation is whether or not it occurred. Obviously if the parties end up in Court the mediation was not successful, but the Court will not know the particulars of the mediation. Most importantly the mediator cannot be called or even subpoenaed into court.
Following the mediation, the mediator may assist the parties in the drafting of an agreement or may even draft the agreement themselves. In lieu of this, the mediator may also provide a written summary of the progress made at the mediation.
By using mediation properly, it is possible to avoid much of the cost and trauma of divorce. It will also allow you to maintain a better relationship with your former spouse and will allow you to more successfully move on with your life after divorce.
Disclaimer
Generally the parties pay for the services of a mediator as the process will allow the parties to save money in the long run.
Mediation at its base is a facilitated form of negotiation. While some states require that mediators have training or be certified prior to be included on Court appointed list, mediators do not have to have formal training. Simply because a mediator is trained or certified does not mean that they are effective, likewise, just because a mediator does not have training or certification does not mean that they are not effective.
When selecting a mediator, it is imperative that you do so conjunction with your attorney or some other professional who is familiar with area mediators. If attorneys in the case are unable to select a mediator, they may contact the Court and one will be appointed. In the event mediation is an option you want to pursue and you don’t have an attorney, you still can participate in mediation; however, you will need to take some additional steps.
First you must convince your spouse that mediation is a worth while option. If you and your spouse can still talk, explain to them the overview of the process. Essentially tell your spouse that mediation allows each of you to meet with a neutral third party who is trained to facilitate the settlement of your case. While the mediator cannot provide any legal advice nor will they be able to compel any settlement, they will be able to help identify issues and help work towards settlement. If you are unrepresented, you will want to identify a family court mediator either through professional references, recommendations from the clerk of court’s office at your local family court or through a list of certified mediators maintained by your local or state bar association.
Once a mediator is selected and a mediation date set, you will need to do some additional work either as directed by your attorney or the mediator. This may include organizing a summary of your case, gathering financial or other related documents or some other similar task. On the day of the mediation you will meet at the appointed location to engage in the mediation.
From this point the mediator will either work with the parties together or more likely put the parties into separate rooms and shuttle back and forth between the parties working on reaching an agreement on the issues existing between the parties.
One of the reasons mediation is so effective and makes so much sense is that it allows the parties to better understand the motivation behind certain issues and to also see what is important to the individual parties. As well, since the rules of Court prohibit any evidence from being offered as to settlement negotiations, the only thing a Court can know about mediation is whether or not it occurred. Obviously if the parties end up in Court the mediation was not successful, but the Court will not know the particulars of the mediation. Most importantly the mediator cannot be called or even subpoenaed into court.
Following the mediation, the mediator may assist the parties in the drafting of an agreement or may even draft the agreement themselves. In lieu of this, the mediator may also provide a written summary of the progress made at the mediation.
By using mediation properly, it is possible to avoid much of the cost and trauma of divorce. It will also allow you to maintain a better relationship with your former spouse and will allow you to more successfully move on with your life after divorce.
Disclaimer
