What is mediation?
Mediation is a voluntary process in which both parties meet with a mediator, usually an experienced family law attorney or a retired Judge. The mediator is a neutral, impartial third party whose role it is to guide the parties in making their own decisions, not to take sides or make decisions for them. The mediator does not represent either party as their attorney nor does the mediator give legal advice. The parties may have their own independent attorneys. The mediator works with the parties regarding parenting, financial support and the division of assets and debts.
What are the benefits of a mediator?
A mediator suggests a reasonable solution to both parties issues by issue. The parties decide what is best for them and their family, in an informal setting without the stress of court involvement, with a final settlement usually being reached more quickly. It is less costly, financially and emotionally, than other options, especially litigation. The parties are usually more satisfied with an agreement in which they directly participated, rather than an order which the Court determined in an adversarial hearing. There is less stress for all involved, including the children, and the parties typically work together better following a mediated agreement, as opposed to an order, the provisions of which may not suit either party.
What is the mediation process?
The mediator works with the parties, one issue at a time (while keeping in mind other related issues), with the goal of arriving at a complete agreement of all issues. At times, the parties may agree on many, but not all, of the issues. This narrowing of the issues can still save the parties a great deal in attorney’s fees by limiting the amount of time necessary for preparation and presentation of those issues for the Judge at the Permanent Orders (final) hearing.
Any agreement reached in mediation is put into writing and signed by the parties. Ultimately, that agreement must still be reviewed by the Court for reasonableness and fairness to each of the parties.
How long does mediation take?
Mediation may be scheduled much more quickly than a Court hearing. Mediation may take one session. Occasionally, additional sessions may be required, depending on the complexity of the issues and the positions of the parties. Experience shows that mediation is always less time consuming and less expensive than paying two attorneys to fully litigate the issues.
Can the mediator force a party to agree to a particular position?
No - mediation is completely voluntary and the parties are free to agree or reject (or suggest a counter proposal to) anything proposed by the other party.
Virtually every family law court requires that the parties attempt mediation, in good faith, before they are allowed to set and participate in a Permanent Orders (final) Hearing.
How much does a mediator cost?
Most mediators charge an hourly rate which is comparable to that charged by an experienced family law attorney. The fee is normally shared by the parties, sometimes 50/50, and sometimes according to their respective incomes. This is determined before the mediation begins.
Mike Hulen and Ben Leutwyler of Hulen & Leutwyler, LLC are always there to assist you with any questions or concerns regarding mediation.
