| Parties wishing to resolve their divorce without family | | | | be different, and is not addressed here). |
| litigation can take advantage of family mediation. | | | | In addition, even when the parties' relationship may |
| Divorce mediation can take place before you file in | | | | allow for an entire joint mediation, they may prefer |
| family court or after you've done so in a case where | | | | separate meetings with the mediator at some point. A |
| the parties will be representing themselves. | | | | separate meeting of the mediator and one party is |
| Mediation is less formal than a court proceeding. The | | | | known as a caucus. The duration of a caucus is |
| process itself is meant to give you control of the | | | | dictated by the negotiations between the parties. But, |
| outcome. This means that a mediator, regardless of his | | | | regardless of how long the mediator spends meeting |
| or her professional background (lawyer, retired judge, | | | | with one or the other party in caucus, the mediator |
| etc) cannot make decisions for you nor can they give | | | | remains neutral and a long caucus does not mean that |
| you legal advice on any issue. | | | | the mediator prefers one or the other; it's just part of |
| Once the parties have decided to use the mediation | | | | the mediation process generally. Communication |
| process, they simply choose a family mediator, contact | | | | between the mediator and one party while in caucus |
| the family mediator's office for information and to set | | | | are also subject to confidentiality unless the party |
| an appointment to begin the process. Mediation can | | | | meeting with the mediator waives that confidentiality. |
| take place at the mediator's office or at any other | | | | Mediation may consist of one session or multiple |
| place that will provide a comfortable and confidential | | | | sessions, depending how complex are the issues |
| environment for the parties to communicate. | | | | between the parties, and the likelihood that further |
| At any time prior to the mediation, the parties may | | | | sessions will be productive and may lead to an |
| provide information to the mediator regarding the | | | | agreement between the parties. The parties |
| parties and issues. This information can be provided in | | | | themselves are the ones who decide whether they will |
| any form, from a simple letter to longer documents. | | | | continue with additional sessions. When more than one |
| Even if no information is provided, the mediation can | | | | session is necessary, the mediation is simply continued |
| take place since each party will be able to make a | | | | from one day to another date chosen by the parties |
| presentation of their side at the start of mediation. | | | | with the mediator. |
| Usually at the start of the mediation, the parties and | | | | Mediation may end in an agreement or an impasse. If a |
| the mediator meet in the same room. The mediator | | | | divorce mediation agreement is reached, it is typically |
| goes through a brief introduction of him or herself, the | | | | typed, reviewed and signed by the parties at the |
| mediation process, including the confidential aspects of | | | | conclusion of the mediation session where the |
| the mediation, and some ground rules to ensure an | | | | agreement is reached. |
| orderly and courteous session. | | | | If the parties decide that no further negotiations will |
| In some instances, however, depending on the | | | | lead to a mediated divorce agreement, whether on all |
| relationship of the parties at that point or by request of | | | | or some issues, then the mediator declares an |
| the parties, the mediator may suggest separate | | | | impasse. In this instance, there is nothing else for the |
| introductions. (In relationships in which domestic violence | | | | mediator to do, and the mediation is ended. |
| has occurred or there is an injunction, the process will | | | | |