What Is Mediation?

Mediation is a problem solving process in which a neutral professional (the mediator) facilitates communication between parties involved in a divorce or a domestic relations dispute. The mediator helps parents understand the needs of their children, reach agreements in their children’s best interest and develop a cooperative parenting relationship.

Cases referred to Mediation Services are assessed to determine if mediation is appropriate for the parties involved.  If mediation is appropriate, the parties select a Court Approved Mediator and schedule a mediation session at the mediator’s office.   The mediator guides the communication process so that all participants have a chance to be heard.  Conflicts are discussed one at a time and various solutions are explored.   The mediator may offer suggestions and help parties develop options to resolve the issues, but the final agreement is up to the parties.
 

Mediation is a process that gives the parties the opportunity to resolve issues for their children and themselves rather than have a judge or magistrate decide for them.

The mediator does not make any decisions for the parties but helps the parties come to an agreement that works for all parties involved.

• Mediation can be helpful in resolving issues such as:
• Parenting Plans
• Companionship Time
• Child Support/Spousal Support
• Property Division
• Financial Issues

Mediation is a joint, cooperative problem solving process, and it is necessary for both parents to participate. Both parties work together, with the help of the mediator, to develop mutually agreed upon solutions.

The mediator focuses on helping parties reach their own agreements and can not give legal advice. Attorneys rarely attend mediation sessions; however, most parties find it useful to have an attorney.  Attorneys help their clients understand the law and make informed decisions. If the parties reach agreement in mediation, an attorney may write up the final agreement and officially complete the legal procedure.

Private mediator fees vary; the usual charge is between $80 to $100 dollars per hour.  The parties typically divide this cost 50/50 or in proportion to their incomes.

There are several mediators who offer a sliding fee scale, which is based on income.
 
Mediation may be provided at no charge to parties who have filed an Affidavit of Indigency with the Court.

Mediation sessions last approximately 1 to 2 hours.  The number of sessions required to complete mediation depends on the number and complexity of the issues and the communication styles of the parties.  Sessions are scheduled at times convenient to the parties and mediator.  Many mediators are available in the evenings and on weekends.

Mediation agreements become legally binding once they are reviewed by the parties’ attorneys and entered by the Court in the form of a Judgment Entry.  Partial agreements may also be presented to the Court at the request of both parties.

If no agreement is reached, the parties will appear for their previously scheduled Court hearing.

Everything that is said during a mediation session is confidential.  Neither the mediator nor the mediator’s notes can be subpoenaed to Court.  However, by law, mediators are required to report any new allegation of abuse, neglect or threat of bodily harm to a child.

Usually the first mediation session involves only the parties themselves.  If you believe there are other people who should participate, discuss the issue with the mediator.