What is Mediation? Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. For more detailed info about mediation and other forms of conflict resolution, visit the Association for Conflict Resolution. What is a mediator's job? To lead and facilitate the negotiation process in a neutral manner and to ensure each party understands the facts. A mediator will also help assist parties in securing what they feel is a "fair" agreement. Fair is a subjective word, so what you may feel is fair may not seem fair to someone else, but the beauty of mediation is that you get to fashion an agreement that works for you instead of having a judge or jury make the decision for you. You are the one who has to live with the agreement you make, so a mediator will do everything he or she can to make sure both parties feel comfortable with what they've agreed upon. What isn't a mediator's job? A mediator cannot act as your attorney (even if he or she is licensed to be one), so he/she cannot advise you on legal matters. Additionally, a mediator cannot act as your financial advisor or emotional counselor. How long will mediation take? Length of time depends on the number of issues to be resolved and the complexity of those issues. Mediation sessions are scheduled for 2-3 hours at a time and at least one week apart so that parties can have ample time to gather information and consult with attorneys and other prfoessionals as needed. May I have my attorney present at a mediation session? Yes, attorneys are welcome at each session so that you may have the benefit of on-the-spot legal advice. What happens when the mediation is completed? Throughout the Mediation process, the Mediator will be formulating a document in-process called the "Memorandum of Understanding." This is the final document that will be signed by both parties at the end of the Mediation. This document will be written in easy to understand lay terms and will contain the details of the parties' agreement. This document can then be used by an attorney or legal representative to incorporate its contents or attach it to a legal document that can be filed with the court. NOTE: The Memorandum of Understanding is a signed contract between parties, but must not be construed as a court order. Only a judge in a court of law can issue a court order. What issues are appropriate for mediation? A variety of issues can be resolved in mediation, including (but not limited to): Divorce or separation Parenting plans Open adoption agreements Employment disputes Lanlord/tenant disputes Probate issues Property disputes What are the key issues in divorce mediation? Any issue that parties feel is relevant may be discussed in mediation. Most often, the following are common key issues of a divorce: Child custody (legal and physical) Parenting plan (regular, holidays and summer) Child support and childcare costs Health insurance for children Property settlement (marital home, vehicles, retirement and non-retirement investments, liabilities and debt, household furnishings and assets, etc.) Division of family busienss Alimony IRS refunds, debts, and future dependant deductions Any other asset or liability of the marriage Legal and professional fees How do I prepare for divorce mediation? Financial Issues: You should bring the following: Completed financial affidavit (which includes monthly budget) Recent real estate appraisal or estimated fair market value statement on the marital home or other property owned by either of you Recent appraisal or valuation of any small businesses owned by either of you Most recent pay stub from current employer Most recent statements on all IRA/pension plans/stock & bond accounts/mutual funds/savings accounts/certificates of deposit Last year’s income tax return Life insurance policies stating current beneficiaries Child Issues: You should know the following information about your child: School hours After-school/weekend activity schedule Hours of current childcare needed per week Where your child spends his/her time before and after school Who is responsible for childcare when your child is not with either of you Under what medical/dental insurance plan your child is currently covered and insurance card/I.D. information