Lexington Divorce Lawyer

Mediation

Backed by Over a Decade of Experience

Family Court Mediation

The Mediator provides a space where the parties may speak freely, and a place where parties feel respected and where their expectations are appropriately acknowledged, and a resolution can be reached that satisfies all participants.

Parties to mediation should:

What Is Mediation?

Mediation is a private, confidential decision-making process in which an impartial mediator, assists disputing parties in structured negotiation. All decisions are made by the participants. The mediator does not make a binding decision, but will help the parties reach a settlement. If mediation fails, the parties are free to go to court.

Mediation offers a way for parties to negotiate because an objective mediator can keep the process moving along in a more informal environment. That does not include the rules of court.

What to know before Mediation:

The parties are kept separate in their own conference rooms, and negotiate with the mediator going back and forth attempting to reach a settlement of the Family case that the participants can live with.

The mediator is an impartial third party to help them in settling the family court litigation. The mediator helps parties toward a compromise of the parties’ issues, settlement options, and terms of agreement.

In Mediation the parties DO NOT present testimony, physical evidence, or make legal arguments to mediator. Mediation is less formal than court proceedings and helps parties with limited fuds avoid a costly family court trial.

In mediation the parties engage a certified mediator whose role is to mediate a dispute and, if no agreement is reached, then to shift the process to a family court judge.

Mediation allows the parties to:

In many family court cases, most parties will have continuing relationships between each other and their children. Family court trials can impact and create animosity their lives as well as their ability to plan for the future. Most people can’t afford to go to a Family court trial.

Mediation, an Alternative Settlement Process

Most court cases are resolved by settlement or dismissal, not by decisions of judges. The negotiations are conducted through attorneys, who are advocates for the parties, who gather and review information and make recommendations to clients based upon applicable law and projected outcomes at trial. Parties are often advises not to talk to each other. Negotiations are results-oriented. Advocates typically emphasize or exaggerate their client’s strong points and the short-comings of the other parties. Little attention is given to the contin ing relationship of the parties in most legal negotiations or in court proceedings.

Mediation offers an alternative to traditional negotiation of settlement through attorneys. The mediator’s role in negotiation is critical as The facilitator role is familiar, the role of context creator less so. Since many people who use mediation will remain in a relationship, the mediation must be more than a decision making process. Because conflict is experienced and must be resolved at cognitive and emotional levels, the context of the negotiation is very important. It is not the decision that determines whether the parties feel the result is fair. It is the decision and the way the decision was made.

The Mediator must create an atmosphere or context of trust where all participants sense that they are heard and that the other side understands their communication. The parties bring with them the c ntext of the conflict, the climate of their relationship and history of their case, which the mediator will attempt to acknowledge and understand.

It is not only what the mediator does but the authenticity of the mediator and the way the mediator works with parties that affect the quality of the outcome for parties. The context of trust, fairness, and party control over the outcome leads to party satisfaction in terms of the quality of justice, the relationship between the parties, and the outcome of the mediation process. Often the process is more important than the outcome.

Understanding The Mediator's Role and Authority

The Mediator's Role

The Mediator's Role

The mediator has authority to stop the mediation. However, parties must mediate a minimum of Three (3) hours and processes but no authority to make decisions for the parties.

Since it is Mandatory, the parties must engage in the process. In family mediation parties expect and mediators generally provide information about family law, divorce, and the legal process.

In Mediation, the mediator actively advises and recommends solutions to the parties regarding their decisions. By taking responsibility for the outcome the parties have an active way to craft the outcome of their case.

The family court mediator will still require the ultimate decision making to rest with the parties. This is done by actively laying out possible outcomes and reminding the parties that they must see value in their selection, and voluntarily choose the outcome.