Many people facing family law issues have heard the term mediation, but it’s not always clear what this process involves and why it can be beneficial. If you are ordered to attend or agree to attend mediation, schedule a meeting with your attorney to go over the details of what to expect in your specific case. If you are not represented by an attorney, contact your mediator to get a better understanding of his or her process and expectations.

In general, mediation is a method for settling disputes outside of the courtroom. It is a somewhat informal process that allows parties (with or without an attorney representing them) to meet with a neutral third party who will help facilitate discussions to resolve outstanding disputes. It is important to understand that this neutral third party does not represent either party and cannot provide legal advice.

Mediation is extremely beneficial for family law issues since they involve sensitive and emotional topics (e.g. divorce, custody, parenting time disputes, child and spousal support, property division, LGBTQ issues, etc.).

Here are some benefits of mediation:

Voluntary participation – Even if you are ordered to attend mediation, you are not required to stay for any certain period of time and you are not required to reach an agreement.
Decreases overall cost – While mediation seems expensive in the moment (i.e. you’re paying a mediator’s hourly rate in addition to your own attorney’s hourly rate) it can save costs in the long run by avoiding several court dates and extensive trial preparation.
Active role in planning your future – At mediation, you play a lead role in planning your future. No one knows the intricate details and unique characteristics of your family better than you, so you should be involved in crafting agreements that work for you and your family, especially when children are involved. Statistics show that parties are more likely to follow an agreement that they crafted themselves than one decided by an unknown third-party (i.e. Judge or Friend of the Court).
Tool for organizing information – Often times, attending mediation prior to filing your divorce or custody matter, or shortly after filing, is helpful to determine what information/documentation needs to be gathered and exchanged between the parties in order to help the mediation process run smoothly. There is nothing wrong with attending more than one mediation session. Mediation is about helping parties make informed decisions. Exchanging information does not have to be contentious, but rather, it can be helpful for both parties and mediation can encourage this amicable exchange.
Opportunity to explain your feelings – Most disputes in family law are not solved with a mathematical equation. Sometimes a person just needs to know their feelings are being heard and understood – whether or not the other party agrees or feels the same way. These are the type of discussions that you don’t often have in the courtroom hallway, but rather, at mediation where people can be honest and open about what they are experiencing mentally and emotionally. When a person has the opportunity to get some of their thoughts and feelings off of their chest, it can help them move forward and start to discuss the legal issues that must be sorted through. Mediation allows that time to express and reflect on your emotions.

Attorney Pospiech serves as a domestic relations mediator for your family law issues. Her hourly rate is $175. Please do not hesitate to contact our office to request additional details about Ms. Pospiech’s mediation process and availability.

P: (734) 531-8554

E: jessica@mifamilylawfirm.com