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