Mediation in most family law cases is a court-ordered requirement. However, reaching a resolution through mediation is voluntary. Mediation is a structured negotiation process facilitated by a neutral third party (the mediator). The goal of mediation is to assist parties in reaching a mutually acceptable agreement on various issues without the need for formal court intervention (i.e., a hearing or trial).
Many people choose mediation because it can be less stressful, more flexible, and more cost-effective than traditional courtroom litigation. In many family law matters, mediation allows the parties to maintain greater control over the outcome instead of having a judge make decisions regarding parenting time, property division, support, or other family-related issues. Compared to litigation, mediation often encourages cooperation, reduces conflict, and may help families resolve disputes more efficiently while preserving important long-term relationships between parents and children.
Key features of mediation in family law include:
Neutral Facilitator
The mediator is not a judge and does not take sides or make decisions for the parties as to how to resolve their disputes. Instead, our role is to guide the discussion, encourage open communication, help the parties see matters from the other’s perspective, explore potential solutions, and point out possible issues they may have overlooked.
While Brittany is an experienced family law attorney, she is ethically unable to provide the parties with any legal advice but may be able to provide information regarding legal resources for parties to independently review, research and/or consider.
Voluntary Participation
Absent a court requirement, mediation is a voluntary process, and both parties must willingly engage in the sessions. The parties have the freedom to discontinue mediation at any point if they feel it is not productive.
Focus on Cooperation
Mediation aims to promote cooperation and collaboration rather than adversarial confrontation. The goal is to find common ground and reach agreements that benefit both parties, particularly when it comes to issues like child custody, visitation, spousal support, and property division.
Flexible and Informal Process
Mediation is often more flexible and less formal than traditional courtroom proceedings. The parties can openly discuss and tailor agreements that meet their unique needs and circumstances. Unlike courtroom litigation, mediation gives parties the opportunity to discuss solutions in a more private and collaborative environment. Traditional litigation can involve formal hearings, extensive motion practice, scheduling delays, and increased legal expenses. Mediation, by comparison, is designed to encourage productive communication and customized problem-solving that reflects the unique needs of each family. While mediation is not appropriate for every situation, many families prefer the process because it may reduce emotional strain and help avoid prolonged courtroom disputes.
Empowerment and Decision-Making
Mediation empowers the parties to actively participate in decision-making regarding their family matters. This can lead to more personalized and sustainable agreements compared to court-imposed judgments.
Separate Rooms vs. Conference-Style
During mediation, parties are typically in separate rooms and the mediator goes back and forth between each room throughout the session to communicate with each party. However, depending on each party’s comfort level, both parties can be in the same room together with the mediator.
Attorney Participation
Parties are not required to attend mediation with an attorney. However, in most family law cases, attorneys attend mediation sessions with their client. If an attorney is attending mediation with their client, they will be in the same room as their client during the session.
Even when parties are represented by attorneys, mediation often works best when individuals arrive prepared to communicate openly and focus on practical solutions. Before mediation, parties may benefit from discussing priorities and concerns with their attorney, reviewing possible settlement options, and understanding the legal and financial issues involved in the case. Preparation can help reduce uncertainty during mediation and allow parties to participate more confidently in the decision-making process.
Document Preparation and/or Filing
If parties are attending mediation without an attorney and they reach an agreement, the parties will either need to prepare and/or file documents with the court on their own behalf or find an attorney to help prepare and/or file documents on their behalf. Brittany is unable to serve as the mediator and attorney due to the neutrality of the role as a mediator and the ethical rules regarding attorneys serving as mediators.
Confidentiality
Mediation sessions are confidential, providing a safe space for open and honest communication. If the matter cannot be settled through mediation the parties can still go to court. Information shared during mediation typically cannot be used in court proceedings; specifically, mediators cannot testify about what they learned from each party throughout the mediation process.
The only time a mediator can be called to testify is if the parties reach an agreement and then someone tries to back out of that agreement. If called to testify, the mediator’s testimony is limited to telling the court that there was an agreement reached by both parties during mediation.
Scheduling
Mediation is typically scheduled for three (3) hours unless the parties request that it be scheduled for a longer period. Mediation is also not limited to just one session. If another session is necessary to continue working to accomplish a settlement, it is usually scheduled at the end of the first session.
One of the most important ways to prepare for divorce mediation is to organize relevant information before the session begins. Parties are often encouraged to gather financial records, proposed parenting schedules, lists of assets and debts, and any other documents related to the issues being discussed. It can also be helpful to think through settlement goals, areas of flexibility, and questions that may arise during the mediation process. Being prepared ahead of time can help mediation sessions move more efficiently and create more productive discussions between the parties.
Cost
We charge an hourly rate to mediate. Additionally, depending on the county where the case originates, there may be an administrative fee included that is paid towards the third party that facilitates the scheduling and dissemination of the initial mediation documents.
Absent agreement otherwise between the parties, the cost for mediation is shared equally between both parties. The mediation fees are paid at the conclusion of each mediation session.
When both parties are committed to finding amicable solutions, mediation can offer a constructive alternative to litigation, promoting a more positive and cooperative post-divorce or post-separation relationship.
If you would like to schedule a mediation with Brittany, please feel free to contact us today.
