What is family mediation?
Family mediation is a voluntary process where a neutral third-party mediator helps families resolve disputes and reach agreements on issues such as divorce, child custody, property division, and other family matters. The mediator facilitates communication and helps parties find mutually acceptable solutions.
How is mediation different from going to court?
Mediation is fundamentally about self-determination – you and the other party control the outcome and make your own decisions, rather than having a judge impose a solution. As a neutral mediator, I facilitate your discussions without taking sides or advocating for either party. This collaborative approach is significantly less expensive than litigation, moves much faster, and avoids the emotional stress and adversarial nature of court battles. Mediation is also private and confidential, unlike court proceedings which are public record.
How long does the mediation process take?
The duration varies depending on the complexity of your situation and how well parties can communicate and compromise. Simple cases may resolve in 2-4 sessions, while more complex situations involving multiple issues might take several months. Each session typically lasts 1-2 hours.
How much does mediation cost?
Mediation is significantly more affordable than traditional divorce litigation, which can cost tens of thousands of dollars. I work on a sliding scale based on your income and financial circumstances to ensure mediation is accessible and affordable to all parties. This means your rate is adjusted to fit your budget. The total cost depends on the number of sessions needed, but even with multiple sessions, mediation remains far less expensive than going to court. My goal is to make this process financially manageable during what is already a challenging time.
Do I still need a lawyer if I choose mediation?
While not required, many people choose to consult with an attorney independently for legal advice. Some attend mediation with their attorneys, while others have lawyers review the final agreement before signing. The mediator cannot provide legal advice to either party.
What issues can be resolved through mediation?
Mediation can address divorce terms, child custody and parenting plans, child support, spousal support/alimony, property and asset division, debt allocation, co-parenting disputes, and modifications to existing agreements.
Is mediation legally binding?
The mediation process itself is not binding, but once you reach an agreement and it's put in writing and signed, it becomes a legally binding contract. When filed with the court and approved by a judge, it has the same legal weight as a court order.
What if we can't reach an agreement in mediation?
If mediation doesn't result in a complete agreement, you still have options. You can continue mediation later, resolve some issues through mediation and others through court, or proceed with traditional litigation. Any progress made in mediation can still be helpful.
Is mediation confidential?
Yes, mediation is confidential. What is discussed in mediation sessions generally cannot be used in court if you later litigate. This confidentiality encourages open and honest communication. However, there are legal exceptions, such as threats of harm or child abuse.
Can mediation work if there's been domestic violence?
Mediation may not be appropriate in cases involving domestic violence, as there may be power imbalances that prevent fair negotiation. However, some mediators are trained to work with such cases using special protocols, such as separate sessions or having support persons present. Safety is always the priority.