Mediation

Mediation allows the parties to negotiate a settlement with the assistance of a professional. Some people may find it hard to negotiate directly with each other, but are able to negotiate effectively and reach a settlement when a qualified mediator facilitates the process. 

why mediation?

  • Mediation offers various benefits. It is a flexible process that the mediator and the parties can adapt to fit the needs of the parties. If the parties settle, they resolve their family law issues by agreement rather than through a decision made for them by a judge. Mediation is often less costly than litigation, and because it is not an adversarial process, it may help preserve relationships or at least avoid further relationship deterioration.

 What to Expect

With limited exceptions, participation in mediation is voluntary. This means that you and the other party have to agree to try mediation. Either or both of you can contact MH Family Law to start the process. 

When you first contact MH Family Law, we will need to run a conflict check to ensure that there is no conflict of interest that precludes us from working with you. If there is no conflict, then each of you will receive our intake form, which asks for some initial information about your family law matter, and we will schedule an individual intake meeting with each of you. Providing the intake form to us in advance helps us prepare for the intake meeting.

The intake form and the intake meeting are individual and confidential. Each party completes their intake form individually and has a private intake meeting. We do not share the information from the intake form and the intake meeting with the other party. 

After completing the intake process, we will schedule the next steps based on the needs and input of the parties. In some cases, the parties already have all the information they need and have received legal advice, so they are ready to start the mediation. In other cases, the parties need additional information from each other or they need legal advice before they can start mediating, so we will first address these preliminary steps and then move ahead with the mediation.

We offer mediation in-person and on zoom. Some mediations conclude in one longer session, while others take place over several shorter sessions. In some mediations, the parties are in the same room or “zoom space,” while in others, the parties are in separate rooms or zoom “break out rooms.” Because mediation is a flexible process, the mediator will structure it based on the specific circumstances of the people involved, striving to ensure that everyone is as safe and comfortable with the process as possible.

If the parties reach a settlement, the settlement will be documented in an agreement (or sometimes in a court order) that both parties will sign. The agreement will be usually drafted by the lawyer of one of the parties.

Important to know:

  • It’s always a good idea to get legal advice about the suitability of your individual matter for mediation.

    Generally, if you and the other party agree to have mediation, then there is no set rule about when you can begin. We can “start small” and first deal with immediate issues that need a temporary solution, and then move on to mediate more permanent, long-term arrangements. Or you may already have some temporary arrangements in place but need mediation about a final settlement. And some people may already have arrangements in place but need to mediate changes to those arrangements. In short, the timing and issues for mediation are based on your circumstances.   

  • Your lawyer can attend the mediation with you. As for other people, the mediator will decide on a case-by-case basis. 

  • No. The mediator acts as a neutral third party who facilitates negotiations, so she cannot provide legal advice.

  • It is highly important to receive legal advice about the laws that apply to your situation, so that you can make informed decisions when mediating and settling your case, and before you commit to any settlement. It is also very helpful to receive legal advice about the suitability of your matter for mediation.