Mediation

Mediation – Making Decisions Together

As you navigate the divorce process, are you and your partner…

• Focused on moving forward;
• Ready to transition from partners into the role of co-parents;
• Looking to move past the emotional arguments;
• Interested in creating a strong, stable agreement that will carry you into the future?

What do you, your children and your former spouse need in order to be able to grow and thrive through this time of transition?

My role as a family mediator is to help you and your former partner through the decision making process and conversations that are necessarily inherent in the process of separation and divorce. Mediation offers the opportunity for you to craft decisions for your family in a way that is financially efficient, timely and builds positive family dynamics rather than breaking them down.

Topics I Mediate

• Parenting plans;
• Custody and access;
• Basic child support;
• Major decisions and transitions;
• Parenting time;
• Holiday schedules;
• Co-parenting agreements

To set up a free consultation, please contact us here.

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FAQs:

What is Family Law Mediation?

Family law mediation offers separating couples a neutral environment in which to discuss important matters such as custody, parenting plans, support, property division and other important matters. It is is a voluntary form of dispute resolution in which individuals choose an objective third party to assist them through areas of conflict in order to reach a mutually agreeable solution.

Role of the Mediator

The mediator’s role is to assist parties with productive communication during the difficult discussions. It is normal for emotions to run high during this difficult time. My job as mediator is to assist parties in listening to and understanding one another’s underlying interests, concerns, and needs ensuring that at the end of the day parties feel heard and as though the process is their own.

Decisions Making

Decisions are made by you, the clients, not by the mediator nor any other third party. This allows partners to work creatively, crafting solutions that work for their family and individual circumstances. This ability to self-determine has been shown to provide a strong foundation for long-term adherence to agreements.

Mediations are conducted in a confidential, “closed” format.

This means that all conversations, documentation and notes taken within the mediation are used only within the space of the mediation itself. This allows parties to offer ideas and proposals on a “without prejudice” basis, meaning that offers can be put on the table without being bound to these offers in the future. Full disclosure of relevant circumstances is encouraged as mediation thrives on a foundation of mutual trust and the free flowing exchange of ideas.

Exceptions to confidentiality are:

• situations where a party may need to consult with a professional such as a lawyer or financial adviser, etc;
• circumstances where both parties agree to the release of information

Occasionally a mediator may have to break confidentiality if:

• there is cause for concern of imminent harm to any individual;
• where required by law to report a child who is in need of protection;
• where a judge may subpoena the mediator’s notes (in rare cases)

Memorandum of Understanding 

The Memorandum of Understanding (MOU) is the document with which parties will be provided at the conclusion of the mediation process. The MOU summarizes and explains any agreements the parties reached within the mediation. Clients may then take the MOU to be drafted into a formal separation agreement by a lawyer. The parties will not be signing their MOU or a separation agreement during a mediation session.

Independent Legal Advice: 

As a mediator I do not provide legal advice. Each party is strongly encouraged to obtain independent legal advice from their own legal counsel before, during and after the mediation process to ensure a clear understanding of each individual’s legal rights and responsibilities.

Who Attends?

Generally speaking, the attendees in a mediation session are both parties and the mediator. The parties may choose to have their lawyers present, though their attendance is not necessary. Occasionally, co-mediations may occur in which a specialist of a particular field related to the issue being discussed assists in the mediation. At any point during the sessions, the mediator or one of the clients may call for a caucus, in which one of the clients will step out, allowing the mediator to speak one on one with the client, after which the mediator will extend the same courtesy to the other party.

Who should choose mediation?

Mediation is for individuals who are looking to for an cost-efficient, respectful process for creating agreements that work. It is for those who want create a future that fits their circumstances and their family rather than having a judge or arbitrator make those decisions for them.

Mediation is not for every couple. In cases where there is history of domestic violence or abuse, mediation may not be appropriate. Prior to the initiation of each mediation, the mediator will meet with each party separately in order discuss whether mediation is appropriate for them.

What are the greatest advantages of mediation?

Mediation is the most cost effective, efficient conflict resolution process. It enables parties to problem solve and come to conclusions of their own, rather than putting the decision making ability in someone else’s hands. This provides a lasting stability and adherence to the terms of their agreement.

How do we begin?

Contact us to schedule a free phone consultation. An in office intake meeting will be set up as soon as is convenient for each one of the parties, at which point specifics of the file and costs will be discussed.

I look forward to meeting with you!