Mediation is an alternative to litigation and a lengthy court process. In family law, mediation is required before issues can be presented to the Court for the judge to consider. Mediation gives the parties an opportunity to settle issues together, in a less adversarial manner, with the help of an experienced and neutral mediator. Mediation is confidential and offers a less stressful manner in which to dissolve a marriage. In fact, the vast majority of family law cases are worked out between the parties, with the help of their attorneys and the mediator, at mediation. At Hunter Law, we are committed to helping you through this difficult, emotional process in an open, fair and peaceful manner. We have extensive experience helping others through the mediation process and have done so successfully.
Divorce Mediation Basics in Family Law
The mediator is a neutral party and cannot give legal advice to either party. Also, the mediator cannot force either party to agree with or comply with specific divorce terms. The mediator is like the Secretary of State helping negotiate a peace treaty between two different countries. An experienced family law mediator knows how to guide the conversation if either party is having difficulty with agreeing to specific issues. When children are involved, it is imperative that the parties discuss and come to a mutual agreement on what is in the children’s best interests. An experienced family law mediator helps guide couple through the topics concerning the children’s support, education, parenting time, and any topic which the parents feel are relevant to their particular situation. Our job as your attorney during a mediation is to advise you on important legal issues, to help you resolve the disagreements fairly, amicably, and within the law and public policy.
What Topics Can Be Discussed In Mediation?
Mediation allows the divorcing couple to openly discuss issues in an informal, confidential setting. Usual topics include:
Parental rights, responsibilities, and Timesharing
Life and/or Health Insurance
When discussion becomes difficult because emotions run high, the experienced family law mediator may intervene and propose the parties move into “caucus.” Caucus is where the parties go into separate rooms and the mediator orbits back and forth, carrying proposals and counter-proposals into each room. This helps keep communication focused and the efforts of the parties solution-orient