Mediation

Mediation offers a private, non-adversarial alternative to the litigation process where a couple can discuss their options freely and design lasting solutions.

A mediator is a neutral, impartial third party who assists parties in reaching a resolution while providing practical legal information. Legal information from a mediator helps clients evaluate options and make choices, but it must not be confused with legal advice. The mediator can clarify the law and does not give legal advice to either party.

One of the fundamental goals in mediation is client empowerment allowing separating spouses to resolve their legal issues in a respectful way. The parties maintain control over outcomes while conducting discussions in a positive and private environment.

Mediation is effective for parties wishing to keep their costs down and resolve issues fairly. The mediator guides the parties through negotiations so that the issues can be resolved in a process that puts the family’s needs and those of any children at the forefront.

Working with a mediator allows separating spouses access to a professional with specialized training in family law and conflict management. The mediator helps spouses identify issues and discuss them in a reasonable manner to work towards a resolution. Emotions can be brought to the table and dealt with appropriately by the parties.

The spouses and the mediator work together towards a mutually agreeable resolution through a series of meetings. Couples maintain control of the decisions being made with significant legal and emotional support from the mediator. Couples may be given tools and resources to improve difficult relationships and foster better communication.

“Meredith was very patient and detailed when I met with her. She listened with compassion and made sure I fully understood what I was entitled to, and what I could expect from the process.”

THE PROCESS

Generally, the process of mediation involves individual meetings between the mediator and each spouse and then an initial joint session where the parties discuss the process in detail along with their goals.

At the first joint session, agreement may be reached on a number of issues with an agenda created for the unresolved issues. In subsequent meetings, parties continue to work on issues until they are ready to reach a full agreement. Once the parties reach an agreement, the mediator prepares a Memorandum of Understanding, which evolves into a Separation Agreement with the assistance of lawyers retained by the parties to provide Independent Legal Advice (“ILA”).

The importance of obtaining Independent Legal Advice both during and after mediation cannot be overstated. Parties may work with a lawyer both during the negotiation process and after the Memorandum of Understanding is prepared to ensure each party understands his or her rights and obligations. In order to advise the client, the lawyer will obtain background information and review financial disclosure along with the Memorandum of Understanding. Ultimately, a signed Separation Agreement will emerge once all terms are understood and agreed to by the parties.

The mediator may also be consulted after an Agreement is signed if subsequent issues arise which require input. Examples of such issues include a change in parenting issues, residential schedules, relocation or a change in financial information which may result in a change to child or spousal support.