Mediation is an option that a couple can use to reach an agreement for their divorce, legal separation or other family matter. A major goal of Mediation is to avoid courtroom battles.
In Mediation, I act in a neutral, impartial manner and do not take sides or represent either party. Instead, I help a couple identify the various issues such as custody, visitation, child support, alimony and property division and help the couple reach an agreement that is mutually satisfying to both parties.
The Mediation process involves a series of meetings with the couple at my office. The total number of meetings required is determined by the couple and myself. Even though I do not represent either party in Mediation, I can assist in the drafting of paperwork that needs to be filed with the courthouse.
I will advise each party to seek the advice of a lawyer during the course of the Mediation because, as a Mediator, I can only give information and cannot provide legal advice. I will also recommend that the parties consult with other experts such as accountants, appraisers and therapists as needed.
In my experience, Mediation is a good option when the parties trust each other, are willing to work together and act in good faith and can communicate well.
Mediation is not a good option for a couple where there is an imbalance in power, an unwillingness to work together and act in good faith, a lack of trust and a high level of conflict. In those types of cases, it is better for each of the parties to obtain an attorney to handle the negotiations and represent him or her in court.
