Couples who are interested in learning how to resolve conflicts through mediation can develop communication skills. It can also be useful when couples must continue to work together and resolve problems. Couples can avoid trial by using mediation. Mediation protects couples’ confidentiality while reducing stressful conflict. Mediators can also shield children from parental conflicts.
Divorcing couples are often more satisfied with the results because they work together to come up with their own agreement. Parties are more inclined to stick with an agreement that they made themselves than one that a court imposes after a hearing. The court may refer divorce cases divorce lawyers to mediation. Parties can also consent to mediation by writing. The parties are notified if the court refers the case to mediation. The parties may object to the mediation process if they have a valid reason, like domestic violence.
Divorcing couples work together to create a parenting plan. The couple will determine child custody, parenting times, and child maintenance. The couple will decide if alimony or spousal maintenance is needed and the amount. They will also discuss the division of property in a divorce. Included are real estate, financial and retirement accounts. A mediator will help the parties address any and all aspects of divorce.
It is important to locate a mediator once you have decided to use mediation to resolve your divorce. There are mediation centers in many counties that have been incorporated into the court system or community. The court can appoint or allow parties to choose a mediator if it is ordered by the court. Lawyers and non-lawyers can serve as mediators.
Fees charged by mediators and cases vary. The fees can be charged by the hour, day or half-day. Mediators don’t decide who is right and wrong. Mediators do not give any advice or make decisions. They help parties find a resolution that is best for both of them. The parties should look for mediators who have mediation experience and training as well as a specific understanding of family law. You should also consider the style of mediation and philosophy used by the mediator.
The majority of state courts maintain a list of family law mediators. You may find that your family lawyer can recommend mediators. Search the Academy of Professional Family Mediators to find a local mediator. The mediator cannot give you legal advice, or even tell you what to do. If you want more information and have any questions, it would be beneficial to speak to a family or divorce lawyer before the mediation.
As there is usually no formal discovery, the preparation for mediation is limited. Collect any documents relevant, like financial statements. Both parties should be informed by the mediator what documents they will need for mediation.
The mediation process begins in a general caucus, where both the parties and mediator are present. In an “agreement for mediation,” the mediator sets out ground rules. When a court mandates mediation, it is common for the court order to contain or mention the “rules” of mediation. Confidentiality is one of the key rules in mediation.
Confidentiality applies to all matters discussed or recorded during the mediation process. The parties cannot disclose them to others unless they agree. State law can also require the mediator to maintain confidentiality.