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