Preparing for Family Mediation

To take advantage of the mediation process and better utilize your time and money, you should be prepared accordingly for the mediation session. The mediator’s primary role is to remain neutral and impartial, they only know a few facts about your case before the session. The mediator arrives at the session with basic information on the parties and an idea of what issues may be in dispute such as custody, visitation, or property division. The mediator relies mainly upon the parties to feed them the information necessary for an educated discussion of the issues.

For instance, if the parties want to determine what happens to the marital home, to discuss possible solutions, the mediator and parties must be aware of its current value. The mediator cannot work without this key information. If you do not possess it, the mediator may halt the session and reschedule for when the information is available. One of the best ways to prepare for mediation is to collect all the papers that are related and significant to the dispute.

Mediation is considered an informal process conducted in a neutral setting with two skilled mediators to guide you to cooperate on a lasting solution for your conflict. Mediation is voluntary and confidential. Parties should attend to the mediation process with an open mind, and be willing to create a win-win situation. Mediation permits both parties to be heard. The purpose of mediation is to foster a safe environment for people to address their conflicts.

What are the Rights and Obligations of Each Party?

Maryland counties provide some basic principles of mediation and how it relates to each parties’ rights. To prepare for mediation, you should understand the possible solutions you could offer. Think about what it is you require and what you would be willing to do to achieve it. Conflict can become a learning experience if parties are willing to grow through the process. The mediation process is strictly confidential except in cases where the mediation determines that child abuse or pending criminal activity is involved.

Below is additional information regarding mediations:

• No information received by the mediator during the mediation process shall be revealed to parties outside the mediation process;
• Mediation is completely voluntary; each party has the right to withdraw from the mediation process at any time and;
• Should the mediation process produce an agreement signed by the parties, that agreement can be formal and binding between both parties.

What is the Role of the Mediator?

For family law cases, the mediator will act as a neutral third party trying to bring some reconciliation between the parties involved. Before the mediation, whenever the residence of a child is at issue, the mediator will review the parties’ criminal and protection from abuse histories.

Moreover, the mediator will conduct a criminal history check of the residents of the parties’ households. In custody, visitation, and guardianship mediations, the mediator will also review the Custody, Visitation, and Guardianship Disclosure Report. Mediators support both parties in reaching a decision and do not take sides, or come to decisions.

The mediator will inquire from each party what his or her position is regarding the issue before the court attempts to facilitate agreement. If the parties reach an agreement, the mediator formulates a consent order that all parties sign and which is subject to approval by the Judge or Commissioner.

In reviewing the consent order the Judge or Commissioner will review the criminal histories of the parties and residents of each household in which the child will live or visit. If no settlement is reached at mediation, the case will be scheduled for a formal court hearing.

Who Participates in a Mediation?

The Delaware Courts, for instance, state that the petitioner and respondent must attend and their attorneys may attend. Children do not attend the mediation conference. Witnesses are not permitted for mediation. In child support cases, if no agreement is reached at mediation, the mediator may suggest an Interim Order (a temporary order) for the Commissioner to sign or the parties may be taken before a Commissioner that same day for a Permanent Order.

Therefore, it is recommended to be prepared to attend a hearing if your mediation is unsuccessful. If you do not see a Hearing Officer that day, the case will be scheduled for a court hearing at a later date. In custody or visitation cases, the mediator may suggest an Interim Order (a temporary order) for the Judge or Commissioner to sign if there is no prior Order for custody or visitation.

Each case in Family Court is based on the information presented at the hearing. But, in child support cases, the Judges and Commissioners typically follow the local state’s Child Support Formula which the mediator will calculate to determine an appropriate amount of support. It is important to note that the mediator cannot give legal advice at any time and does not represent either party.

What are some Practical Tips to Prepare for a Family Mediation?

All states handle mediation processes differently. But there are some similarities across them all. Florida courts define some general practical tips that can be useful for a family law case mediation. Before you participate in a mediation, there are a few elements to understand to prepare yourself and to assist you in making the mediation more beneficial to you. As mentioned earlier, an important distinction between an attorney and a mediator is that a mediator cannot give any legal advice to any parties.

Therefore, if you are not currently represented by an attorney but have legal questions about your case (including what your case may be worth or what to accept as a “good” settlement), you can contact a lawyer before the mediation, so you may make an informed decision about settling your case.

Below are some tips that are outlined:

• Be organized with the paperwork: Review all of the information that you retained and organize it. It may be useful to list events in the order in which they occurred. Accumulate any documents about your issue and place them in a folder to bring with you to the mediation. If you have an attorney, discuss with your attorney about your case and mediation;
• Be prepared: Arrive at the mediation on time. Be ready to converse with the other party in the dispute. Even if you have had problems speaking to the other party on your own, the mediator is there to assist you with communication;
• Understand the dispute: Closely examine the issues in your head and write them down. Think about which issues are a priority to you as well as which issues are least important. In addition, think about what may be most and least important to the other person or party;
• Set goals: Think clearly about what you need to resolve the case or dispute. Set realistic goals to assist you in your decision-making, but be flexible because you may obtain new information at the mediation that could change your mind;
• Arrive at the mediation on time: Planning out the logistics earlier on can help you in the process. It can assist you in parking and paying any fees before the court and;
• Arrange​ for childcare: If you have any children who must be cared for, you should arrange for a babysitter. Courts and other mediation meeting places do not generally allow children.

When Do I Need to Contact a Lawyer?

If you are in a family issue in need of mediation it may be useful to seek out a local family attorney to understand the basics of mediation and how to prepare for it.