What is the purpose of mediation?
During the process of a divorce proceeding or allocation of parental responsibilities parties are required to participate in mediation prior to attending a contested final orders hearing. Parties may also be required to mediate due to post decree issues, such as a modification of parenting time or if a contempt is filed. Some parties may agree at the time of their divorce that any future issues must be mediated first prior to either party filing a Motion with the Court. There are few exceptions to when parties will not be required to mediate, but these exceptions are rare. The court requires mediation as a way to assist parties in making their own agreements and to ultimately avoid contested hearings.
How do I schedule mediation?
The mediation process typically lasts two hours. Mediation can be scheduled with a private mediator which are often times family law attorneys in private practice or attorneys who previously practiced in family law. Mediation can also be scheduled through the Office of Dispute Resolution which is located in the basement of the courthouse. There are fees associated with mediation and those depend on the amount of time for the mediation and which mediator is selected. Mediators are to act as a neutral third party and do not represent the interests of either party.
What should I do to prepare?
The best way to prepare for mediation is to review your sworn financial statement and prepare a proposed parenting plan, if applicable. Reviewing your sworn financial statement will allow you to recognize which assets and debts will need to be discussed during mediation. A proposed parenting plan will be helpful for the mediator to review to understand what you are requesting in terms of parenting time. The mediator can assist you in determining child support by reviewing the child support guideline with you. Lastly, go into mediation with an open mind and the understanding that to reach an agreement both parties will need to compromise.