Mediation
This is a process wherein the parties elect to meet with a mutually selected impartial and neutral professional who can assist them in negotiating a resolution. The mediator does not represent either party and generally does not provide legal advice except in the most general sense. Mediation leaves the decision-making power to the parties, rather than to the attorneys, experts and judges. The mediator does not decide any of the issues for the parties or determine what terms are “just.” The mediator’s role is to assist the parties in arriving at a solution that reasonably meets the party’s respective goals and needs regardless of what the law may provide or how a judge may rule.
Parties often elect to each retain an independent attorney to consult with during the course of the mediation process. Generally, the mediator and the parties meet together without the attorneys present. Occasionally, the parties and the mediator may decide to conduct the mediation with the consulting attorneys present or other professional(s) to assist.
A variation of Mediation I work in most often is a team model. This process utilizes professionals for their specific expertise. As the Financial Specialist, I support the conversations and tasks that relate to the finances. A Family Relations Specialist is a licensed therapist who focuses on communications between the parties to better enable them to have productive conversations during the divorce and to establish a parenting plan. Divorce is a legal process and the Lawyer is a part of the team to address legal aspects of the process. As in a more traditional Mediation model, the parties are encouraged to have their own referring attorney. Given that hourly fees vary and Lawyers fees are typically higher than those of a Financial Specialists’ and Family Relations Specialists’, it makes sense to not only use the professional best suited to address the problem at hand but also as a way of keeping cost down.
