Before the First Session

The first step in the mediation process is determining what issues exist in the case that need to be resolved. If parties are attempting to settle a divorce matter, for example, the mediator will need to know whether there are children, whether there is an alimony claim being made by either side, and what assets and debts exist which must be addressed in equitable distribution. Before the first mediation session, the mediator will send a questionnaire to help the parties summarize the issues in their case.

The First Mediation Session

At the first mediation session, the mediator will briefly review the process and answer any questions either party might have. At that point it is time to go over the questionnaires that were prepared by each party to make sure everyone is on the same page regarding the issues to be resolved, and to see where there are areas of agreement and disagreement. At the first session, the mediator will also want to determine if any outside information will be needed. For example, if there is a marital home to be divided, and one party wants to buy the other out, the value for the home needs to be established. If parties agree on a value, the mediator can proceed. If there is no agreement on value, an appraisal of the home might be needed. For any issue that requires help from an expert, such as a real estate appraiser, forensic accountant, custody evaluator, or any other professionals who may be called upon to evaluate an issue in a family court matter, the mediator can assist by providing suggested experts who are regularly appointed by the Court, and upon whom the Court typically relies. 

Subsequent Sessions

Many cases can be resolved in a single mediation session. However, in circumstances where there are more complex issues, or where an appraisal of other evaluation is needed, parties may require multiple sessions to reach an agreement. 

Finalizing the Agreement

As you go through the mediation process parties sometimes choose to enter into partial agreements to lock in terms and reduce the number of outstanding issues. Some parties may choose to wait until there is a global settlement addressing all terms before anything is written up and signed. The parties can choose to prepare the written agreement themselves, or can ask the mediator to assist, either with a term sheet or a more detailed and fully fleshed out settlement agreement. Once reviewed and signed by both parties, the terms of any agreement, whether it is partial or comprehensive, will be binding. 

After the Agreement

The central purpose of the mediation process is to arrive at a binding and enforceable agreement that parties can use, and which can be incorporated into a Judgment of Divorce or other form of court order. Once you have that agreement, you can proceed with finalizing your divorce or other case through the Court. The mediator, who is neutral, will not represent either party in the court case. However, the mediator can provide assistance by explaining the steps of the Court process and providing sample filing documents which the parties can use to file the necessary paperwork with the court.