The Mediation Process

Mediation is a voluntary process. Even if the parties are ordered to mediate, which is a court requirement in most family law cases, the order is to mediate in good faith, but not an order to settle the case. However, most cases do settle in mediation because litigants typically realize that they can have agency and a measure of control in their case through the mediation process that is not always available to them in a court hearing or trial.

Mediation is confidential. Except in cases where abuse is revealed, whatever happens in mediation remains confidential and cannot be used in a court proceeding. The reason for this is that all parties need to feel like they can be completely candid during the process and try to find a way to compromise on the issues presented. In court, there is no compromise because the Judge will just make a decision, and in a courtroom setting each party will want to put up their most aggressive position. Mediation is used as a way for the parties to set aside their aggressive and defensive postures to try to come up with a solution that works for the family.

Mediation is a neutral process. As your mediator, I am a neutral third party. I am a licensed attorney, but my role as the mediator is to try to facilitate an agreement, not give legal advice. I am not on any litigants’ side, but rather the side of trying to settle your case.

Mediation is binding. If the parties reach an agreement in mediation and everyone signs off on a mediated settlement agreement, that agreement will be binding and irrevocable. This is important because both parties can mediate and know that their matter will be settled and the issues presented will be put to rest, whether the issues are for a temporary or final order.