There are several forms of mediation that are often used to resolve the issues in your pending divorce or family law matter. Before your case is resolved by a judge (trial), more than likely you, your attorney, your spouse and your spouse’s attorney will be required to present contested issues to a mediator. This is often referred to as late-stage mediation which occurs fairly closer to trial. Generally, the attorneys select the mediator. The mediator is another attorney, trained to conduct mediation, who has special experience in domestic matters.
Before mediation, you and your attorney will prepare a presentation for the mediator of pertinent facts and your desired outcome. On a date set for mediation, all four of you will meet, generally at the Courthouse.
It’s rare for the mediator to put both parties in the same room, but it occasionally happens. The goal of a good mediator is to get an agreement. Accordingly a great deal of negotiation occurs during the mediation process. If an agreement is reached, the mediator, with the parties and the attorneys, will place the agreement on the court record and the matter is done. If no agreement is reached, the dispute proceeds to trial.
Most cases are resolved using late-stage mediation.
Early-stage mediation involves the parties hiring a third-party neutral, trained in mediation, generally before full discovery is completed, and sometimes even before the divorce is filed. The role of the mediator is to facilitate negotiations as a neutral third-party so that the parties may resolve all of the issues in conjunction with the divorce with the least amount of animosity. If you are interested in early-stage mediation, Kreis Enderle has several attorneys in the family law area experienced in mediation.