Family Mediation is an informal, non-adversarial process in which a neutral, third party facilitates and encourages the resolution of a dispute involving issues such as spousal support, equitable distribution of property, debt allocation, and children’s issues. Parties have an opportunity to actively participate in the decision-making process. If they reach a settlement, they can avoid the expense and uncertainty of a trial in which a judge decides the result.

The mediator guides the communication process so that everyone may be heard and personal feelings can be separated from the issues. Conflicts are discussed and various solutions are explored in an effort to reach a satisfactory agreement. The mediator may offer suggestions and help parties develop options to resolve the issues, but the final decisions are made by the parties.

Only the parties whose names appear on the Order to Family Mediation and their attorneys, if any, are included in the session. It is not necessary for attorneys to attend but is advisable if property issues will be discussed.

Any third parties admitted to the session will be at the discretion of the mediator and with the approval of all parties.

Please arrive promptly at the time specified in your Order.

IN ACCORDANCE WITH FAMILY LAW RULE OF PROCEDURE 12.407, CHILDREN UNDER THE AGE OF 18 SHALL NOT BE BROUGHT TO MEDIATION.

• Parties actively participate in the decisions that will affect them and their family members.
• Parties determine the outcome of the process, thereby avoiding the uncertainty of a trial.
• Immediate resolution can occur, which can save time, money, and stress that is usually associated with a trial.
• The setting is informal and encourages better communication between the parties.
• Parties who agree to resolution tend to be more satisfied with the results and are less likely to return to Court for further litigation of their case.
• Parents can begin working together in a cooperative manner for their children’s sake.

It is important to remember that family conflicts are normal. However, ongoing conflicts can hinder a family’s adjustment to a break-up and can have negative effects on children.

Mediation may be an effective way for you to settle the disputed issues you have before the Court. However, participants must want to resolve their disputes and be willing to work toward that goal. Mediation can provide the forum, but the outcome is ultimately up to you.

We hope this information has been helpful to you in understanding the mediation process. If you have any questions, please call our office at 321-690-6834.