Mediation is a type of alternative dispute resolution. An alternative dispute resolution allows two parties to come to an agreement outside of a courtroom. There are great benefits to resolving a family law matter outside of a courtroom. When resolving family law matters in mediation, each party withholds much more control over the outcome of their future. Especially when dealing with Child Custody matters, I always recommend the parties do the best they can to agree at mediation. The parties know what their children and their family needs more than a Judge could ever know. Are there times a Judge must step in to solve family matters, absolutely! But when possible, mediation is a great avenue to solve your family law matter. Not only to get to keep some control of your future, you also save a significant amount of money by avoiding lengthy court battles.
What to expect at family law mediation?
The attendants of mediation will be the mediator, the parties, and the parties’ attorneys only. If you want another party to attend mediation, the mediator and both parties must agree to that party’s attendance. You may meditate in the same room or in separate rooms. Either way, the parties will typically be in the same room during the attorneys’ brief opening statements. After the opening statements, you will either continue negotiations in the same room or the parties will split into two different rooms for a satellite mediation. Satelite mediations are often encouraged to prevent any conflict and to allow the mediator to openly speak with each party to help pull the parties together. However, some parties do well negotiating in the same room and it will save time which means it will save money. The decision to be in one room as opposed to separate rooms is a decision that should be made with your attorney.
Mediation is often a time for the attorneys to speak on your behalf. Your attorney should be well aware of what you want out of mediation and what compromises you are willing to make. This allows the attorneys to get down to business and start going back and forth to get you there. Fortunately, anything said in mediation is completely confidential. The mediator can tell a court that the parties did not agree during mediation or they can tell the court the parties did agree and write out those agreements. Any agreements made will be memorialized in a writing, signed by all parties, then becomes a binding agreement.
Who pays for mediation?
Typically, the parties pay for mediation equally unless some other arrangement is agreed upon.
Who chooses the mediator?
Unless ordered by a court, the parties choose a mediator through agreement.
What does mediation cost?
Every mediator charges different amounts per hour. Some mediators also require a minimum number of hours.
Contact us today if you need representation during your family law mediation.