Going to mediation for a divorce or custody case is one of the most effective ways to get a case resolved. Mediation is a process through which a third party helps both sides reach an agreement. The mediator does not make decisions for you, instead, the mediator will bring up ideas and help communicate between two people. Even if you feel the other side is too unreasonable to ever reach any agreement, mediation can help. There may be some issues that can get resolved even if the whole case does not. Once a case is taken before the judge, the decision making is completely out of your hands. Mediation is a process by which you still have control over what can happen with your case.
Typical Mediation Day:
The first thing the mediator will do is introduce him or herself to both parties and tell both sides about the mediation process. This is typically done with both parties in the same room, but doesn’t necessarily have to be.
Once both sides understand the mediation process, the actual mediation will begin to take place. Both parties are placed in separate rooms and the mediator will go from one room to the other to discuss issues about the case.
The party that filed the case will tell the mediator what their position is and what their expectations are to resolve the case. That party will let the mediator know what information they want shared with the other party and what information they do not want shared.
The mediator will continue to go back and forth between the parties to try and work out all the issues involved. At the end of the day, if an agreement is reached, both parties will sign a Mediated Settlement Agreement. Even though this is not a final order, it is an enforceable contract that can be used to obtain a final order in accordance with the terms of the agreement.