MEDIATION GUIDELINES (PDF)
Mediation is the process by
which the couple meets with a neutral party to discuss ways of
revolving the issues at hand. If the parties are represented by
attorneys then the attorneys are encouraged to attend; however, it is
not required. Ideally, the mediator should be certified and be well
versed in the issues to be resolved in the mediation. The mediator
can not force anyone to agree to anything, although the Judge can
order you to go to mediation and cooperate. The mediator will meet
the parties together and separately to see if a compromise can be
reached, or even try to straighten out a party who may be unrealistic
in their demands or expectations.
There are different
phases that the mediation process goes through. Initially,
the parties will meet with the mediator and discuss the background
information and the facts of their particular situation. This
approach is usually determined by the communication between
the parties and the issues that need to be resolved.
Next is the information
gathering stage. The parties will provide the mediator with
information pertinent to their situation. If the parties can't agree,
it is the responsibility of the mediator to help them come up with the
options available to resolve the disagreements.
The third phase of the
process is determining the issues that need to be resolved. Once all
the issues have been put on the table the parties will move to the
next phase-negotiation. Now the mediator helps the parties explore
the options that are available for settlement. During negotiations
the parties would usually come up with various scenarios of settlement
options. Once the scenarios that are totally unacceptable are
eliminated the parties will be better able to see the options that are
workable. Often in this phase it may become apparent to the parties
the areas where possible trade-off can be made to balance out the
settlement.
When all the issues have
been agreed upon, a preliminary settlement is drawn up. At this time
if the participants have decided to seek the opinion of a legal
professional they would have the document reviewed. Any revisions that
are needed are made. Once the agreement is completed both parties sign
it. Remember that every state has different laws. If the court must
approve your settlement it must be submitted for review. Upon approval
it then becomes a legally binding agreement.
My practice
focuses on providing Divorce & Family Mediations in Jacksonville,
Florida and I welcome the opportunity to assist you in any way I can.
