Mediation & Arbitration

How the Court uses Mediation in Family Law cases

Alternative dispute resolution has greatly expanded over the last several years to include many areas of the law. Mediation has become an important first step in the dispute resolution process. As a result, our Courts have begun implementing mediation and arbitration.

The parties can resolve all issues that comprise the terms of a divorce or separation agreement at the mediation, or they can mediate a portion of their divorce or custody and parenting issues, leaving the remainder for their attorneys to sort out following the mediation.

All matters involving custody and parenting time must be mediated. Divorce or parenting mediation can be what the couples choose it to be. It is the mediator's job to think of each family as unique and to help the couple sort out the needs of everyone involved, including the couple and their children. The Court provides parenting time and custody mediators free of charge to the parties. Typically, the custody mediator will be able to develop a parenting time plan that addresses the parties' immediate needs. The benefits of negotiating with the assistance of the court provided mediators are multi-fold. The parties can tailor the children's needs with those of the parents taking into consideration a wide variety of issues that may confront the family on either a temporary or long term basis. Once a plan is memorialized, it is submitted to the Court for formalization of a plan.

As of September 2007, Economic Mediation in marital disputes is now required in every Court proceeding prior to trial. Prior to filing a Complaint for Divorce, the attorney is required to discuss mediation with the client and offer the client to engage in Mediation. Once the divorce action is commenced, the Court requires most couples to take part in Economic Medication. Unlike parenting mediation, the parties are required to pay for the economic mediators who provide assistance to the Court.

Mediation or Arbitration provides the parties with the freedom to choose the person who will be deciding their case. Needless disruption of work schedules can also be eliminated by avoiding the necessity of multiple court appearances. Sensitive issues, such as unreported income, can also be addressed in Arbitration, with care, whereas a Judge has a duty to report these issues to the Internal Revenue Service.

With the help of a professionals, couples negotiate their own settlement and learn the techniques for resolving future differences. Mediation is one of the ways separating or divorcing couples can retain control over the decisions affecting their lives, while keeping their children from getting caught in the middle

For more information, contact us at info@hjslawoffice.com