Mediation Process in a Divorce or Custody Case
Feb 28, 2017
Not only are you in the middle of a divorce or custody case but now the court has ordered you to mediation. This is an extremely difficult time during your life and the thought of having to sit down with your spouse or ex to resolve major issues in your case can be daunting. Being informed and prepared can help eliminate some of the stress of mediation.
WHAT IS MEDIATION
Mediation is an Alternative Dispute Resolution. An informal process where you sit down with a neutral third party to discuss and hopefully resolve any issues that are not yet agreed upon. It is a non-binding process, which means decisions are only made at mediation if both parties voluntarily agree. If you have an attorney representing you in your case, they are typically not present at mediation. The goal of mediation is to resolve your disputes without having the court decide for you.
WHAT TO EXPECT AT MEDIATION
The mediator’s job is to help both parties communicate and keep focused on resolving the issues that are in dispute. The following are common family law issues:
Child Care Arrangements
It is not the mediator’s job to make sure your legal rights are being protected, advise you on the law or make sure your agreement is fair. The mediator’s role is to keep communication flowing and try to help you resolve your dispute.
HOW TO GET THE MOST OUT OF MEDIATION
To get the most out of the mediation process you need to try to put your emotions and even contempt for the other party aside. Mediation is not the place for hurtful words or placing blame. Mediation is a place for negotiation. Before going, make sure you know what you want and what you are willing to settle for. Also, know what you are not willing to settle on and if no progress is being made, be prepared to end the session. Keep in mind that if you cannot come to an agreement, that the court will make the decision and it may or may not go in your favor.
Pedersen Law Office, LLC offers free consults in all of our areas of practice and will meet with you personally to discuss your specific circumstances and see what options are available for you. Our law office serves the communities of Appleton, Neenah, Menasha, Oshkosh, Green Bay and their surrounding areas.