FAMILY & DIVORCE MEDIATION
EMPOWERING FAMILIES TO MOVE FORWARD TOGETHER
Whether you’re in ongoing legal proceedings, in the midst of negotiations with attorneys, or need assistance finalizing the terms of your dissolution, mediation may be an option for you. From divorce matters to child custody issues to post-decree modifications, family law matters can be both emotionally and financially draining. Mediation can assist in helping you and the opposing party reach a mutually agreeable resolution to your matter, thereby avoiding further litigation and further expense.
WHAT IS MEDIATION?
Under Ohio law, mediation is defined as “any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.”
Unless waived, anything said in mediation discussions is privileged, which can be helpful not only in assisting parties to reach a resolution, but in helping them to improve their relationship and ability to communicate.
HOW DO I START THE MEDIATION PROCESS?
If you’re currently in ongoing court proceedings and wish to try mediation, you will need to obtain a “stay,” or pause of your proceedings, from the court allowing you the time to engage in mediation discussions. If you are unable to reach an agreement, the stay is then either lifted or expires on its own, allowing you to continue with litigation.
If you are not currently in ongoing litigation - i.e., nothing has been filed with the court - then you simply need the opposing party to be on board with the mediation process. You will both need to agree to the use of a specific mediator, and the mediator selected must make known any potential conflicts of interest (e.g., if the mediator is friends with or somehow already knows one of the parties).
WHAT HAPPENS IF WE REACH AN AGREEMENT?
If you are able to reach an agreement in mediation - whether partial or full - the mediator will memorialize your agreement for final review.
WHAT HAPPENS IF WE DON’T REACH AN AGREEMENT AFTER THE FIRST SESSION?
If you are unable to reach an agreement after the first mediation session, whether or not a second session is recommended will generally depend on whether the mediator feels good progress has been made and whether the parties wish to continue the process. Sometimes, matters will resolve after one mediation session, but oftentimes multiple sessions are needed.