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How does mediation work?
The
individuals in dispute meet together with a mediator. Our
mediators are professionals who are trained to help parties
resolve problems in a cooperative manner. The mediator then
guides the communication process so that everyone has a
chance to be heard. Issues are discussed one at a time and a
variety of solutions are explored to help reach the best
possible agreement. The final agreement is always up to the
parties.
What types of disputes can be resolved in mediation?
Mediation
can be helpful for resolving relationship and marital
conflict between partners as well as other types of family
disagreements. Mediation can be very helpful for couples
experiencing conflict during and after separation or
divorce, especially when children are involved.
Do
we both have to participate?
Yes.
Mediation is a joint, cooperative problem solving process.
It is essential for both spouses to participate.
Participants do not need to feel friendly towards each other
but they must be willing and able to work together to final
solutions that will meet everyone’s needs.
Can mediation help us get back together?
Mediation
is not couples counseling. If there are any doubts about the
separation or divorce, you should talk to your spouse about
participating in couples counseling sessions.
Are children involved in the mediation process?
In some
cases teenage children may participate in mediation so that
their parents can better understand and consider their
children’s needs and feelings. This information can be
extremely valuable in helping the parent’s develop their
plans for the future of their family. It can be extremely
comforting and beneficial for the children to see their
parents working together is a positive way. Issues that may
effect a child’s participation include subject of the
mediation, the wishes of their parents, their own desire to
participate and their age or maturity level.
Do
I need an attorney?
Each
party has the opportunity for their agreement to be reviewed
by the attorney of their choice. Mediation is not a
substitute for independent legal advice. Our mediator will
focus on helping participants reach their own agreement and
does not represent either party.
Are mediation agreements legally binding?
A
mediation agreement may be drafted by mediators and the
parties as an informal working agreement or filed with the
court as a legal contract. When an agreement is incorporated
into a court order or divorce decree it becomes legally
binding and subject to the approval of a judge. Any change
to an agreement previously approved by a judge must be filed
with the court in order to be legally binding.
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