| WHAT IS MEDIATION? | | | | Mediation benefits children in so many ways. It teaches |
| Mediation is where a neutral party (the mediator) | | | | them that even when people don't agree with each |
| facilitates the negotiations of the couple and tries to | | | | other they can still work things out. It teaches them |
| help them settle their case. The mediator cannot give | | | | that mom and dad respect each other enough to put |
| either party legal advice, nor be an advocate for either | | | | their differences away in order to do what is best for |
| side. If the couple has lawyers, they may or may not | | | | them (the children.) |
| be present at the mediation sessions. The couple is | | | | WHAT KINDS OF ISSUES CAN BE SETTLED |
| free to consult their lawyers between mediation | | | | DURING MEDIATION? |
| sessions. Once the couple has reached an agreement, | | | | In mediation you can discuss and reach agreements |
| the couple may bring the agreement to their lawyers | | | | on such issues as: custody, visitation, parenting plans, |
| for review. If the parties do not reach a settlement | | | | support, and division of your assets and debts. |
| through mediation they are free to choose to use the | | | | DO I STILL NEED A LAWYER? |
| mediator or their lawyers in litigation, depending upon | | | | You will be advised to seek legal advice ( a mediator |
| any previous agreements that may have been made. | | | | may supply you with legal information, but not legal |
| IF WE CAN'T COMMUNICATE WITH EACH OTHER, | | | | advice) so that you fully understand the legal |
| HOW WILL MEDIATION WORK? | | | | ramifications of the decisions you are making and |
| You do not need to like or agree with everything the | | | | discuss any questions or concerns regarding the |
| other party says or wants in order for mediation to | | | | mediation agreement. It is ultimately up to you whether |
| work. Many times couples do not have the | | | | or not you wish to seek legal advice. You would be |
| communication skills needed to express their wishes | | | | best advised to have a lawyer review the proposed |
| and needs in a manner that the other party can or is | | | | agreement before it is signed and finalized. |
| willing to listen to. The role of the mediator is to | | | | IS MEDIATION RIGHT FOR ME? |
| facilitate that communication so that each party is | | | | If both of you approach the process with an open |
| heard. Many times all it takes is to take the emotion | | | | mind and respect for the other person and the |
| and volatility out of a situation in order for the couple to | | | | process, you will most likely benefit from mediation. |
| reach a satisfactory agreement. | | | | However, in situations where there has been abuse or |
| WHAT ARE THE BENEFITS OF MEDIATION? | | | | one of the participants feels intimidated by the other |
| The benefits of using a mediator are that the process | | | | this may not be the proper venue for you. Open |
| is less adversarial, often saves time, and is more | | | | communication is vital in crafting a mediation |
| cost-effective than a litigated divorce. The process is | | | | agreement. Both parties must be able to freely |
| confidential and based on settling disputes rather than | | | | express their opinions. By working together, you may |
| placing the blame with one particular person. It is | | | | be able to save a lot of time and money as compared |
| shown that where parties work together toward a | | | | to a traditional litigated divorce. An added benefit is that |
| mutual agreement, the likelihood of compliance with the | | | | you both control the outcome. Instead of becoming |
| agreement and future cooperation is much better. | | | | part of the adversarial system, you become part of a |
| IS MEDIATION BETTER FOR THE CHILDREN? | | | | healing system. |