MEDIATION

Introduction to Mediation

Mediation is a way to work with neutral professionals to make decisions that arise in a divorce or other family matter. It’s a process where clients are supported to work toward resolution in a transparent and joint manner. It is best for people who are able to talk and negotiate directly with their spouse or partner. Better outcomes start with productive and open communication.

Mediators facilitate communication, manage conflict, and assist in keeping the process on track and moving forward effectively. They provide support and guidance for you and your family during this difficult life transition. 

Although you can work with just one mediator, many couples form a mediation team of specialized neutrals to support them through the process. Also called “Collaborative Mediation,” the team approach combines the best of collaborative law with the best of mediation to develop the best result for your family. Read the descriptions below to learn more about the expertise that each neutral professional can bring to your team.

Team Members

Lawyer-Mediator. Unlike collaborative law where joint meetings are conducted by the spouses' collaborative lawyers, in mediation an impartial lawyer-mediator guides the couple through the process. Lawyer-mediators are highly trained conflict-resolution professionals. The lawyer-mediator educates both spouses about the law without providing legal advice or taking sides. They can also prepare and file all the legal paperwork and monitor your legal case through the court system from start to finish.

Family Transition Specialist. When emotions are tender and communication is a challenge, the Family Transition Specialist is a key professional on the mediation team. Family Transition Specialists have mental health degrees and specialized divorce and conflict resolution training. Their role is to help prepare clients to participate effectively in reaching important agreements.

Family Transition Specialists do not act as therapists. Rather, they use their training and expertise to assist clients in managing emotions that might otherwise interfere with their functioning and participation in the process. These professionals help participants develop effective communication, listening, and negotiation strategies to make their best use of mediation. They also communicate with other team members to provide insight and assistance in helping to facilitate an effective mediation.

Child Specialist. When children (of any age) need emotional support and a voice in the divorce or separation process, a child specialist can join the team. A child specialist works as a “kid’s coach” directly with the children. By being the child’s voice, they help the parents make decisions that take their children’s feelings and needs into account.

With specific training and experience in child development, both the Child Specialist and the Family Transition Specialist can provide parents with information, education, and guidance to help their children throughout the process. Both professionals can assist in developing an effective coparenting plan that keeps the needs and interests of the children paramount. The main difference is the Child Specialist works directly with the child and the Family Transitions Specialist works with the parents.

Financial Specialist. If future finances such as division of property, support, and retirement planning are a concern, a Certified Divorce Financial Analyst (CDFA) is a valuable team member. With specialized training in finances and divorce, they help clients gather, understand, and analyze financial data relevant to their case. The Financial Specialist works with both clients educating them about their financial situation and guiding the clients toward establishing a financial framework for moving forward.

When Mediation Is Not the Best Fit

Mediation is usually not a good option for someone who needs or wants a confidant and legal advice at every meeting, or for someone who is intimidated by his or her spouse. If that's the case for you or your spouse, you should choose collaborative law or traditional representation. Mediation is best when each spouse feels they can speak for themselves and make decisions for themselves once they receive the information and education needed to make informed choices.

Where Lawyers Fit In

In mediation, clients are not required to have legal counsel but can if they wish. Individual attorneys can counsel clients outside of mediation sessions developing options, giving legal advice, reviewing agreements, and generally helping clients bring their ideas and concerns to the mediation setting in an amicable way. If particularly difficult issues arise, lawyers may be invited to a mediation session.

Collaborative mediation utilizes collaboratively trained lawyers. Clients choose whether their collaborative lawyers will sign a participation agreement limiting their representation to supporting collaborative negotiations, or whether the lawyers will continue representation though litigation should mediation reach impasse.

In summary, mediation is an attractive option that primarily utilizes neutral professionals to facilitate and assist clients in reaching durable, acceptable agreements. It can be the right choice for couples who want to support each other in moving toward positive individual lives with their emotional and financial stability intact.