Consider
Mediation
- Talk with your spouse (or the other parent, your partner or other family members in non-divorce cases) - all parties must agree to mediation
- Letter with Information, Mediation Agreement sent upon request
-
Consider mediation a substitute
for an adversarial negotiation
or legal process
-
Review the possibility of mediation
with your attorney, if you are
represented
-
Realize mediation is not
- a process which protects individual
rights or interests
-
a substitute for legal advice
-
a process resulting in an
attorney client relationship
- Understand the mediator is an attorney but does not represent either spouse
-
Acknowledgment form outlining
the mediator’s role required
-
Cases usually require 1-3 sessions
to settle – complexities & personalities
differ
Practical Ways to
Manage Separation/Divorce
(click
here for more)
Call to Schedule and Prepare
- You will receive a general information sheet to complete
-
Advanced preparation saves time and money!
-
Whether attorneys come to mediation is up to you
-
Evening Appointments are Available
-
Collect your paperwork and complete all mediation forms
The Mediation Process
- Go over and sign a written agreement
and acknowledgment
-
Identify what must be resolved,
what is already agreed on
- Decide
what information must be exchanged
-
Brain storm options to address
unresolved matters
-
the mediator does not advise:
- “a Court will do. . .” or “this
is fair for you” or “you should do
this. . .”
- the mediator does:
- suggest possible
ways to address situations/matters
presented
- Suggest other resources/sources
of additional information
or advice
-
focus on what the participants believe
is equitable and appropriate
-
tailor possible solutions to the stated
needs/objective of the participants
- Mediation gives you more options in
allocating your property and income than
a court decided result
-
Any and all settlement terms
require your consent.
- Settlement formalized in writing
(depending on wishes of participants)
