Frequently Asked Questions
About Mediation
- What is mediation?
- What are the advantages of mediating a child custody dispute?
- How does divorce mediation differ from marriage counseling?
- Won't the party who is the stronger-willed and the more experienced negotiator be more likely to get his or her way in mediation?
- Is mediation less costly and less time consuming than litigation
- In the divorce context, what is the biggest advantage of
mediation versus litigation? - Are particular types of disputes best-suited to mediation?
- Are any types of cases not well-suited to mediation?
- What occurs in a mediation session?
- Is mediation confidential?
Mediation is a process where the parties control the outcome of their dispute under the guidance of a neutral mediator. The mediator guides the process and helps the parties reach fully informed decisions. Mediation can be used for any dispute, including one that has already involved court action. Any settlement reached through mediation is voluntary. If the parties do not reach an agreement, they do not lose their right to go to court to litigate their case. Either party can terminate mediation at any stage if they wish.
What are the advantages of mediating a child custody dispute?
- Parenting plans need to be custom-designed to be age and developmentally appropriate to the child(ren) involved. A mediator can help you to draft a plan specific to the child(ren)'s needs. As a result your parenting plan can be creative and suitable to your family's specifc situation, and you aren't stuck with a "typical" plan arranged by the court system.
- A good parenting and child custody plan requires psychological analysis and input for the child(ren)'s well-being.
- Mediation establishes an ongoing parental teamwork approach, with emphasis on always putting the child(ren) first.
Mediation offers several advantages vs. litigation in settling child custody disputes:
How does divorce mediation differ from marriage counseling?
Divorce mediation is a forum that ensures that divorcing couples jointly control and determine their divorce agreement. Counseling is a private forum to deal with behavioral issues. Mediators do not provide marriage or personal counseling as part of mediation, although mediators are usually either attorneys or mental health professionals. A counselor-mediator would not serve as both mediator and therapist, nor would an attorney-mediator serve as both mediator and legal advisor/advocate.
Won't the party who is the stronger-willed and the more experienced negotiator be more likely to get his or her way in mediation?
A skilled mediator will not allow an imbalance of power in the mediation. No one person will be allowed to dominate the mediation. As additional safeguards, mediators usually require both parties to have attorneys review the final settlement agreement. Mediators often require the parties to use other professionals such as appraisers and accountants to be sure they reach fully informed decisions and balanced power.
Is mediation less costly and less time consuming than litigation?
This is usually true, although it is difficult to estimate in advance the amount of time and the costs of mediation or litigation. Most mediators and most courts believe that the parties will benefit financially and emotionally if they make a good faith effort to solve a dispute through mediation instead of through the court system.
In the divorce context, what is the biggest advantage of mediation versus litigation?
The biggest advantage of mediation over litigation is that the parties, not the court, control of the outcome. You resolve your case, instead of having a judge make a decision for you.
Are particular types of disputes best-suited to mediation?
Mediation is used to solve all sorts of disputes including personal injury, employment, contracts, neighborhood conflicts, eldercare issues and others. Mediation is probably most useful in cases where the parties will have continuing contact, such as divorces involving children, business relationships and neighborhood disputes.
Are any types of cases not well-suited to mediation?
There are somesituations where a self-directed, peaceful solution is impossible. Mediation is voluntary and requires the parties make a good faith effort to negotiate. In the divorce context, a case where there is recent or continuing spousal abuse may not be appropriate for mediation.
What occurs in a mediation session?
Each party should be prepared to discuss the facts of the case and what he or she wants in the settlement agreement. Each party will have the opportunity to speak without interruption and will be expected to make proposals and counter-proposals. Mediation is informal; court rules about presenting evidence do not apply. Mediation can take place at any location and at any time, and either party may opt out of mediation at any stage. The parties control the outcome; the mediator ensures that the process is fair and that both parties are able to make fully informed decisions.
All information exchanged is confidential and the sessions are not open to the public.
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Lansdale, PA 19446
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