Why Mediation?
What is Mediation?
In most family law cases, parties are required to attend mediation before they have a final hearing. Mediation is a process where parties have a chance to meet and discuss the issues in their case to see if they can reach an agreement. Because most people going through family law cases have communication issues, a neutral third party assists with the discussions. The third party is not representing either party, but rather helps the parties sort through the issues in the case. This could involve all child related issues including decision making and parenting time, holiday division, and general parenting plan matters. Mediation could also help resolve property valuation issues, property and debt division, child support and maintenance (spousal support) and all other issues the parties face. Mediation is different than Court because it is informal. In mediation, you can address issues that a Judge would not hear. Mediators do not make decisions but are trained to help parties move through the process and resolve issues.
Mediation is Confidential
Mediation is confidential and not binding. Borrowing an expression that often applies to Las Vegas, “What happens in mediation, stays in mediation.” What is said in mediation, proposals made, positions taken, and things disclosed, cannot be disclosed to third parties by the mediator, and cannot be used by a party at court. A party cannot tell the Judge that at mediation, “he/she offered me ….” Settlement discussions are not admissible in Court.
Who Can Mediate?
Anyone can be a mediator. However, it is very helpful if your mediator has training and experience in the type of case and issues you are dealing with. Using someone who knows the legal system is helpful. Although a mediator cannot give you legal advice, the mediator can ask you questions and help move you in the right direction. Having knowledge of what works long term in cases, and what might happen if a case ends up in court, is very helpful in settling a case.
Will I Be in the Same Room as my Spouse?
Whether you are in the same room as your spouse is decided by you and your spouse and the mediator. If one of the parties gets triggered by their spouse, or experiences post-traumatic stress when in the same room as a spouse, separate rooms make sense.
Should I Prepare for Mediation?
Mediation is in many ways like an open book test. It is very helpful if you are well prepared. Knowing the facts of your case is extremely important. Having documents to support your positions is very helpful. Knowing how you want things resolved is important. If you do not have a plan going into mediation or know what you are willing to accept, you will not know whether a settlement proposal is a fair resolution.