Family mediation is a voluntary process where two people work with a neutral third party (a mediator) to resolve issues related to separation, divorce, or family conflict.
If you and the other person are unable to agree on important matters, mediation can help you reach an agreement outside of court. Many families choose mediation because it can be faster, more affordable, and more private than litigation.
A family mediator can help you discuss and reach agreements on issues such as:
Parenting time and parenting schedules
Decision-making responsibilities for children
Child support
Spousal support
Division of property and assets
Communication and co-parenting arrangements
You can begin mediation at almost any stage of a family dispute:
Before a court case is started
During an ongoing court proceeding
To avoid going to court altogether
After separation when new issues arise
The earlier mediation begins, the more options families often have available to them.
A mediator does not:
Take sides
Make decisions for you
Force you to reach an agreement
Provide legal advice
Act as a judge
The mediator's role is to facilitate productive discussions and help both parties explore possible solutions.
For mediation to be effective, participants should:
Be willing to work toward a solution
Feel safe participating in the process
Be able to discuss their needs and concerns
Be willing to listen to the other person's perspective
You do not need to agree on everything before starting mediation. In fact, mediation is designed to help people work through disagreements.
No. Mediators do not provide legal advice and do not replace lawyers.
It is strongly recommended that each participant obtain independent legal advice before, during, and after mediation to fully understand their rights and obligations.
If an agreement is reached, both parties should have the agreement reviewed by their own lawyer before signing to help ensure it is legally binding and in their best interests.
Lawyers may participate in the mediation process if desired, but they are not required to attend mediation sessions.