about family mediation….
Separated. Changing your existing agreement or order.
Many separated families believe that the only way to move forward is by going to court. That is not the case.
Going to court is often not necessary, nor is it the best way to resolve your dispute. Court proceedings are expensive and polarizing. The process itself leaves the parties focusing on conflict. Court cases often take years to resolve, leaving families in limbo, unable to move forward and get on with their lives.
There are better options. Mediation. Arbitration.
Mediation allows separated families to resolve their disputes quickly and cost-effectively, with a process that is tailored to their individual needs. I work with mediation clients to focus on reasonable solutions and to reduce conflict. The parties play an active role in resolving their dispute. One of my goals as mediator is to give the parties the tools to better communicate going forward.
I have extensive experience and knowledge in all areas of family law, including property division, complex financial matters, child and spousal support, and parenting plans. Through mediation parties can work together to resolve all of their family disputes.
When to mediate
My mediation process allows for a flexible approach to resolving family disputes. This is a key factor in its success. I believe that when problems are dealt with fairly, promptly and creatively, this lessens the feelings of conflict and uncertainty between parties.
Mediation can happen at any time and can be used at multiple stages of the separation to address specific issues as they arise. Many families use a mediator when they are ready to focus on resolving all of their financial and parenting issues. Other families may split the mediation process into stages, by using mediation shortly after separation to deal with the pressing issues of living arrangements, payment of bills and temporary parenting plans. This can help the parties to reduce conflict by living in separate households. The mediation process can be continued when the parties are ready to deal with the remaining issues.
I can provide mediation services even if the parties are already involved in the court process; parties can choose mediation if they are looking for other ways to resolve their dispute.
Questions:
Do all parties need to agree to mediate?
Yes. Mediation cannot proceed unless all parties agree to the process.
Is mediation suitable for me?
While mediation is an excellent way to resolve most family law disputes, there are some situations where mediation is not appropriate. If you are considering mediation, please feel free to contact my office and we can determine whether mediation is a suitable to your situation.
When can mediation begin?
The scheduling of mediation dates is very flexible. If the parties are ready, dates can generally be scheduled within a few weeks. In the event of urgent issues, dates can be scheduled even more quickly.
How is mediation done?
Prior to starting the mediation there will be a discussion as to how best to structure the mediation process. We will discuss documents and information that need to be exchanged and provided to me, as well as timelines. We will also discuss how to conduct the mediation. For example, whether the parties and their lawyers are going to be in the same room, separate rooms, or a mix of the two.
As a result of Covid-19, mediations may be conducted by Zoom and/or telephone.
What happens if we settle?
If a settlement is reached the parties will either enter into a separation agreement or minutes of settlement.
If we do not settle can the other party disclose what was discussed at mediation?
Unless the parties specifically request otherwise, all of my mediations are closed. This means all documents provided and all discussions cannot be disclosed to a court or arbitrator. The closed mediation allows parties to feel free to have candid discussions with a focus on settlement, without fear of prejudicing their position if a settlement is not reached.
If we do not settle, what are my options for resolution?
If no settlement is reached, the parties can either arbitrate their dispute or they may go to court.
Who pays for the mediator?
Generally each party pays for half of the cost of the mediator. Please feel free to contact my office should you have specific questions about the expected cost of mediation.