Family mediation is a voluntary cooperative conflict resolution process in which divorcing or separating parties work together, with the assistance and guidance of a trained and independent third party (the Mediator), to come to a mutually acceptable agreement on matters such as parenting arrangements, child and spousal support, possession of the matrimonial home and the division of property.
Mediation works for parties who share the honest desire to minimize animosity and work together to reach an agreement that is both fair and reasonable. The parties must be willing to meet together and, through a series of meetings with the mediator, engage in direct, respectful conversation with each other to negotiate their own agreement. They need to be willing to be flexible in their position in order to reach a solution that is acceptable to both parties.
Throughout the mediation process, the Mediator functions as a neutral third party, simply assisting the parties in their negotiations. The mediator is not on either party’s side and has no personal interest in the final outcome of the discussions. While the Mediator may guide the conversation, ask questions or otherwise contribute to the conversation in order to aid the parties in the resolution of their matter, she does not provide legal advice, nor does she make decisions on how matters ought to be resolved. The Mediator will help the parties reach their own agreement based on what the parties together feel is fair and reasonable.
Mediation may not always result in a settlement. In that event, the parties are free to pursue other remedies.
If you and your partner are interested in pursuing mediation as a way of negotiating the settlement of your family issues, please don’t hesitate to contact us.