Family Law mediators serve as neutral parties who help resolve dissolution/divorce and custody (parenting time and decision making for children) disputes. Mediation can also help resolve other family matters such as elder care needs, finances and the division of inherited assets.
Beginning this fall, mandatory presumptive mediation has been mandated in Nassau County and Long Island family court cases. Divorce attorney and mediator, Mr. Shapiro has experienced this new trend first-hand.
What is Mediation?
Mediation is an alternative dispute resolution process in which parties negotiate agreements to settle family law cases such as dissolution (divorce), custody (parenting time and decision making), child support, alimony and property division. Mediation also helps address related family matters like elder care needs, budget concerns and family business succession planning.
Mediation provides a space where parties and their counsel can meet privately to negotiate in an informal environment with legal and financial experts present when needed. Sessions generally last from one to two hours and may span multiple sessions at times convenient for both parties, giving participants time to discuss interests, needs and options for resolution; often uncovering non-legal matters that are missed in courtroom proceedings.
Mediation may not be an effortless or quick process, but it can help save costs and reduce conflict. Mediation provides parties with greater control than may be available through litigation proceedings.
Mediation can be beneficial for any family. However, its effectiveness depends on being able to communicate well and have equal standing among parties involved. If you’re uncertain whether mediation is suitable in your situation, consult an experienced mediator beforehand.
What is the Process of Mediation?
Mediation offers both parties involved in a case the opportunity to work through their issues more easily, providing potential avenues for resolution. Mediation tends to be faster and cheaper than taking their case to court.
For cases involving children, mediators can encourage parents to work cooperatively toward finding solutions that will benefit the entire family unit and facilitate more interactive co-parenting arrangements, helping the children have happier and healthier lives after divorce.
Mediation allows both parties to be heard, express their opinions without harming any side and work towards finding solutions that would suit both needs. Sessions typically occur separately with their attorneys before meeting together as a group with the mediator for joint sessions. This process allows each side to feel heard without creating animosity on either side and provides the mediator an opportunity to gain a fuller understanding of both parties before proposing solutions that are tailored specifically for everyone’s situation.
Mediation is generally considered confidential, meaning anything said during mediation cannot be used against either side in court as evidence against them; however, there are exceptions such as reports of potential harm to children.
As soon as you file an appeal, your case will be assessed to see if mediation would be appropriate. If it is, the court will send a confidential information form and mediator selection form. Once complete, mediation sessions can take place over an appropriate period.
Who is a Mediator?
A mediator assists both parties to find an acceptable resolution that works for their family. He or she has extensive training in the mediation process and offers insight based on experience. Furthermore, they remain impartial during this process without taking sides.
Mediation services may be provided by lawyers, licensed counselors or other professionals with expertise in family law. A mediator might have experience in psychology or social work and possess a business administration degree as well. They should have an in-depth knowledge of all areas of family law and be able to explain its terms clearly and easily.
Consider these factors when searching for a mediator:
Determine whether the mediator has assisted with any cases previously, the type of cases they have resolved, how many hours of mediation the mediator has conducted and their writing skills; if critical documents for your case will need to be prepared by them. If so, ask to see examples of their written work as this could provide insight.
How the mediator conducts mediation sessions. A good mediator will facilitate open and respectful communication while setting the tone of each discussion session by setting ground rules for discussion. They should assess each party’s needs and interests realistically while considering any implications their decision might have on others involved in the case, helping both narrow down issues to what’s in both parties’ best interest, as well as those of any children who may be affected.
What Can a Mediator Do?
Mediation allows couples to decide their relationship terms, as well as arrange custody if necessary, themselves – leaving less for a judge to work out through litigation and save both time and money for all parties involved. Furthermore, mediation helps parents focus on maintaining or strengthening their relationships with their children during divorce proceedings which can often become complicated by other matters.
During mediation, each party has the chance to air their concerns with both the mediator and other parties involved in order to find solutions to any problems that may be hindering communication between themselves or with one another. A mediator can then work with all of them on potential solutions for complex or emotionally charged problems; depending on their needs they might even refer them outside experts such as financial consultants, parenting specialists, divorce coaches or valuation experts in order to assist in finding resolution.
Mediation requires its participants to remain open-minded and flexible during the negotiation process. While having an understanding of your “bottom line” can help, participants must be ready for compromise as part of mediation’s goal of faster resolution with better overall results.
Family mediator careers require completion of a comprehensive conflict resolution training program at college or through other professional organizations.
