Role of a Family Mediator
A family mediator serves as an impartial facilitator who fosters dialogue and negotiation between the parties involved. They employ a variety of techniques to ensure productive sessions. At the start, the mediator establishes and maintains ground rules to create a conducive environment for resolution.
The mediator gathers information through thoughtful questioning and clarification, focusing on both individual and shared interests. They aid in improving communication, promoting mutual understanding, and exploring a range of options. Throughout the process, the mediator emphasizes the importance of respectful interactions between the parties.
It is crucial to understand that mediators are not authorized to provide legal or other professional advice. Parties are strongly advised to seek independent legal counsel and consult with other professionals as needed. Obtaining legal advice beforehand allows parties to enter negotiations with a clear understanding of their rights and obligations, which is essential for making informed decisions. Accredited mediators adhere to a strict Code of Ethics that prohibits them from offering legal or professional guidance. Their role is purely that of a neutral facilitator, with no authority to impose decisions or influence the outcome. Any agreements reached are crafted and proposed solely by the parties involved.
Mediation Process
Initial Session:
Before beginning joint mediation sessions, each participant will have a one-hour private meeting with the Mediator. This confidential session provides a space for each individual to share their perspective, express concerns, and outline their desired outcomes. It also allows the Mediator to assess whether mediation is suitable for the case and if the participants are appropriate for the process. In some cases, specific measures may be required to address safety concerns or other relevant issues.
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Preparation and Agreement:
During the initial meeting, the Mediator will ask a variety of questions and address any queries from the participants. If both parties agree to proceed, they will sign mediation agreements and receive a detailed list of financial documents to prepare before the financial session. Additionally, they will be given a Parenting Plan checklist to consider various elements for their respective plans.
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Joint Sessions:
Following the individual consultations, joint sessions will be arranged at a time that works for everyone. Typically, these sessions last about two hours each. For family mediation, the Parenting Plan and Financial sessions are scheduled separately.
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Finalizing Agreements:
When the parties reach mutual decisions, the Mediator will draft a Memorandum of Understanding (MOA) outlining the agreed-upon terms. It is important for participants to obtain independent legal advice afterward, particularly if they wish to incorporate the MOA into an official Separation Agreement or court order