mediation
What is family
mediation?
Family Mediation is a
process in which a neutral third party
facilitates the resolution of family
disputes by assisting the parties in
creating their own voluntary agreements. It
is designed to be less adversarial than the
traditional court process.
What issues are
usually negotiated in family mediation?
Parental Rights and
Responsibilities (Custody of minor
children), time-sharing (visitation), child
support, spousal support, division of assets
and debts, and post-divorce disputes are
typical issues that can be resolved
successfully through mediation.
What
are the benefits of mediation? Why choose
mediation over litigation?
Mediation is designed
to be less costly, less stressful, less
time-consuming and much less adversarial
than the traditional process of litigation.
Compliance with mediated agreements is
higher than with litigated agreements.
Parties report more satisfaction. Fewer
parties return to court with post-divorce
disputes.
How long does
mediation take?
The number of sessions
of mediation depends on several factors:
-
Readiness of the parties for mediation;
-
Commitment to the mediation process;
-
Level of conflict and trust between the parties;
-
Complexity of the issues, status of legal proceedings;
-
Need for empowerment of one or both of the parties in order to establish a more level playing field.
There is no way to
predict how long a full case will take, but
between four hours and twelve hours is an
average. Single or limited issues might take
less time.
Does
a mediator have to be a lawyer?
No. Mediators are
specially trained professionals, who are not
necessarily lawyers. Some certified
mediators are lawyers, but a lawyer cannot
be both an advocate and a mediator on the
same case or have represented either party
on a past matter. Many certified mediators
are mental health professionals,
accountants, teachers or paralegals.
Do
you have to be married to go to a family
mediator?
No. Parties do not need
to have been married to go to a family
mediator. There are many ways that mediation
can be useful in traditional or
non-traditional matters involving the
family. Parties may come to mediation after
their divorce has become final to modify
parenting plans and finances. Unmarried
parents of minors can be assisted in matters
of parental rights and responsibilities,
child support, time-sharing arrangements
regarding the minor children or other like
concerns.
Are there
circumstances
under which mediation may not be
appropriate?
Mediation may not be
appropriate when there is current or ongoing
domestic violence that could interfere with
both parties being able to fairly and fully
participate in the mediation process or when
either party is unable to participate fully
and consciously in the process because of
limited intellectual abilities, concurrent
substance abuse, or a psychological
disorder, such as severe depression, which
would effect the rational decision making
that mediation requires.
What
if I’m uncomfortable talking with my
ex-spouse?
It is important to
disclose to the mediator privately early in
the process that you are feeling
uncomfortable, or any private concerns you
may have. Mediators can be asked to schedule
sessions where the parties meet separately
at separate times instead of together.
Can
I change my mind if I agree to mediate?
Yes. At any time you
may step out of the process. Furthermore, if
mediation is not successful, you are not
prohibited in any way from pursuing other
legal remedies or judicial relief.
Can
I bring someone with me to a mediation
session?
Some mediators will
allow the parties to bring an attorney,
therapist, or advocate along. It is best to
request this in advance of the session(s) so
that the mediator can give both parties the
option of bringing someone with them. This
may be an excellent way to feel supported so
that you may better participate during the
sessions. If this is not feasible, you may
want to consider having a support person
accompany you to and from the session simply
for moral support.
Do
I have to have a lawyer review the
Agreement?
It is recommended that
a lawyer for each party review the
Memorandum of Understanding (Agreement)
before you sign it, but it is not
necessarily required. Talk to your
individual mediator about this prior to any
sessions.
What if I have a complaint about a specific certified family mediator?
The Family Mediation Certification Board certifies mediators and oversees the mediator’s adherence to professional standards. You may put your concerns in writing and send them to the board to be reviewed.
Source: New Hampshire Family Mediation Board