Mediation represents one form of alternative dispute resolution that allows participants to resolve their disputes outside of court. An impartial and neutral third party, known as a mediator, guides the discussion between parties. A mediator will strive to help the parties reach common ground and hopefully come to a settlement that prevents time-consuming and perhaps costly litigation.
Mediation often helps divorcing spouses express their positions in a controlled environment that could foster productive negotiations. The mediation process might support the development of the whole divorce settlement or just parts of it. For example, parents asserting their rights to child custody in Indiana might develop a child custody agreement with the aid of a mediator without giving up the option of litigating other elements of their divorce, such as property division.
Your lawyer, if you have one, will attend mediation sessions with you and provide you legal advice as you consider options and make decisions. Your attorney/lawyer is there to guide you as you decide whether to accept, reject or respond to offers from the opposing party in your case. Mediation is particularly useful because the parties can agree to solutions that the Court may not have the specific option of ordering.
A solution proposed within mediation by your lawyer or the mediator might get you past emotional roadblocks that have made it difficult to discuss the details of a parenting plan with a former partner. Your lawyer and mediator might look at both of your work schedules and offer workable ideas about custody and visitation.
For attorneys needing mediation services for their clients, our attorneys have collectively mediated over 1,000 mediations. We can help your clients in a comfortable environment.