Difference between revisions of "Family Law Mediation"

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===Getting organized===
===Getting organized===


If mediation is being undertaken as an alternative to litigation rather than to achieve a settlement in the middle of the litigation process, the mediator may ask everyone to come to an initial meeting in order to
The mediator will usually meet with the parties separately before the actual mediation begins.  This is because mediators, like arbitrators, parent coordinators, and other Family Dispute Resolution  Professionals, now have a positive duty to screen parties
<span class="noglossary">assess</span> the dynamic between the parties, explain the process of mediation, talk about the exchange of documents, and discuss
to determine if family violence is present and if it is, to ensure that the mediation process is safe for all concerned. Mediators also need  to refer the victim of family violence to  whatever  resources may be available.
<span class="noglossary">costs</span>. Some mediators prefer to arrange separate, individual interviews with the parties, while others will ask the parties to each fill out a questionnaire, and others will be happy with a couple of telephone calls.
 
In addition to screening for family violence, the pre-mediation meeting also gives  the meditator and the parties a chance to get to know each other a bit, and for the parties to discuss with the mediator any concerns or questions they might have.  


Next, the parties and the mediator will agree to a schedule of meetings, the ground rules for these meetings, and the objects or goals of the process. Sometimes the decisions as to ground rules and goals are left to the parties themselves; it is their process, after all, not that of the mediator. If the parties are using lawyers, this step may be left out since ground rules aren't required or because the lawyers will be able to agree on the ground rules between themselves. Whether there are multiple meetings or not depends largely on the parties and the number of issues outstanding. Often a single half- or full-day meeting will produce a settlement.
Next, the parties and the mediator will agree to a schedule of meetings, the ground rules for these meetings, and the objects or goals of the process. Sometimes the decisions as to ground rules and goals are left to the parties themselves; it is their process, after all, not that of the mediator. If the parties are using lawyers, this step may be left out since ground rules aren't required or because the lawyers will be able to agree on the ground rules between themselves. Whether there are multiple meetings or not depends largely on the parties and the number of issues outstanding. Often a single half- or full-day meeting will produce a settlement.

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