What is Mediation?
Alan R. Nye
Mediation is generally required when you have minor children in a divorce or parental rights and responsibilities case. The Court has the parties attend mediation with a neutral mediator to try to work out their differences. The mediator has no authority to issue rulings or favor one party over the other, but is instead there for the sole purpose of helping the parties resolve the case by agreement. The parties attend the mediation themselves if they are unrepresented – if you have an attorney your lawyer attends with you. With limited exceptions, matters discussed at mediation are considered confidential so it is a good opportunity to explore any issue that hasn’t yet been resolved without fear that what you discuss will be brought up against you at a later hearing. Mediation is often scheduled shortly after you file your complaint.
Mediations are usually scheduled for ½ day sessions. If you’re making progress and would like to have another mediation session, one can be scheduled without the payment of any additional fee. After mediation, a status or pretrial conference is scheduled – either that day or soon thereafter – to report to the court any agreement reached at mediation and discuss what should happen next in your case.
© 2014 by Robinson, Kriger and McCallum. All Rights Reserved. |