What are the Benefits of Mediation?
Mediation is a process that gives the participants the opportunity to resolve issues for the child and themselves rather than have a judge or magistrate make the decision for them. The mediator does not make any decisions for the participants. Instead, the mediaor helps the participants come to an agreement that works for them.
Who Must Participate?
Mediation is a joint, cooperative problem solving process, and it is necessary for all parties in the case to participate. The parties work together, with the help of the mediator, to develop a mutually agreed upon plan.
Do I Need an Attorney?
Mediators help the participants reach their own agreements and cannot give legal advice. Attorneys rarely attend Access/Visitation mediation sessions. If a participant wants an attorney to attend the mediation session, the participant should contact the Mediation Services Office prior to the mediation session. Many participants find it useful to consult with an attorney, before or after the mediation session, to discuss their rights and responsibilities concerning the child. Attorneys help their clients understand the law and make informed decisions. When the participants reach agreement in mediation, they may want to incorporate the final agreement into an Agreed Judgment Entry. Attorneys can assist with this process.
How Long Will Mediation Take?
A mediation session may take 2 to 2½ hours depending on the number and complexity of the issues that are being mediated. The participants may meet for only one session or be asked to return for additional sessions.
What Does It Cost?
Mediation costs may vary.
Agreements Reached in Mediation
Any agreement reached in mediation must be voluntary on the part of each participant. No agreement will be reached unless each participant is satisfied with all the statements contained in the agreement.
Mediation agreements become legally binding if a formal complaint or motion is filed with the Court, the agreement is presented to the Court in the form of an Agreed Judgment Entry, and the Court approves the proposed Agreed Judgment Entry. This process is necessary to make the agreement reached in mediation an enforceable Court Order.
What Happens if No Agreement is Reached?
A mediation session may be terminated by any of the participants or by the mediator. If no agreement is reached a Judge or Magistrate may make a final decision.
What about Confidentiality?
The only information the mediator shares with the Court is the outcome of the mediation. The mediator is not permitted to share other information with the Court or give the Court a copy of the Agreement reached in mediation without the consent of all the participants. The only exception is that a mediator may be required to report new allegations of abuse or neglect of a child, threats of bodily harm and information about certain crimes.
May I Bring My New Spouse, Fiancé, Girlfriend, Boyfriend, Parent or Child to the Mediation Session?
Usually the mediation session includes only parents or non-parents who are requesting custody or visitation. If you believe there are other people who should participate, contact the Mediation Services Office prior to the mediation session. Individuals who accompany participants to the session, and who do not participate in the actual mediation session, may wait in the Mediation Services reception area.
Childcare is NOT available. Please do not bring children to the mediation session