How Does Mediation Work for Divorces In Oregon?

What is mediation?

Mediation is a specific legal process for family law cases, including divorce, where the goal is for each party to come to an agreement on some or all issues in a dispute. When consensus between the parties is reached through mediation, this can sometimes mean that going through the trial process for the divorce is either altogether unnecessary, or that fewer subjects need to be covered in the trial. 

Mediation is intended to be an objective, unbiased, and confidential process, and is led by either a court-appointed or privately secured mediator. Some courts provide mediators whereas others do not. We can help you find out what your county does and does not provide. 

In cases where there are no children or few assets to be divided, mediation can be a simple process if both parties are open to participation. Generally speaking, courts tend to favor the mediation process, because they like to see family law disputes settled amicably. This is especially in cases where there are children involved. 

Mediation in family law disputes involving children is favored for a number of reasons, including that the parents will have more control over the outcomes in a mediated divorce; third parties, like lawyers and judges, aren’t making key decisions for a family they have little intimate knowledge of; the mediation process often sets the stage for the ongoing dynamic between all parties involved; and it means a smaller caseload for the court. 

Can my divorce be mediated or does it need to go to trial?

As the answer often is in legal matters, including divorce, it depends. If you are able to reach an agreement with the other party through mediation, then your case might not have to go to trial. Usually, the simpler the situation, the easier it will be for both parties to come to an agreement in the mediation process,and the less likely it will be for the case to have to go to trial. 

The more factors to consider — children, homes, and other financial assets — the more complicated coming to an agreement can be. And even when an agreement is made, it still must be reviewed by the court and signed by a judge. 

At the time of this writing, Oregon courts are overwhelmed with caseloads due to the COVID-19 pandemic drastically affecting the speed at which cases can be tried. We tend to encourage mediation wherever possible when it comes to family disputes, and we especially do now, given how long it could take for the court to review your case. 

If you want a swift resolution so that you can move on with your life, mediation is probably the best way for you to achieve that. 

How does mediation work for families with children?

If a divorce case involves minor-age children, some counties in Oregon require that the parents attend what’s called “mediation orientation” in an effort to familiarize them with the mediation process, help set expectations, and prepare them for the road ahead. It is also common for parents in some Oregon counties to attend a required parenting class for divorcing parents, or to be required to work with a mediator before the court will entertain a hearing regarding parenting time. 

There are laws mediators must abide by and professional standards they must follow, including those as they pertain to confidentiality. However, not all details of a dispute can be kept confidential. If there is abuse or if there is an immediate danger posed to anyone, then these facts must be reported. Our goal is to keep our clients and their families safe. 

Mediation requirements can sometimes be waived if there is a threat of violence or other dangers. DBMA can act as a mediator in these situations to make arrangements that protect your safety. 

Who is involved in the mediation process and how does it work?

Typically, a mediation process includes the mediator and divorcing parties. Individual personal lawyers are not usually involved unless it is agreed to beforehand. Other third parties, outside of an interpreter, are also generally not involved in mediation. 

The mediation process can work in many different ways. Sometimes the mediator will meet with each party individually, whereas other times they will encourage the parties to meet together. Often the mediator will request information pertinent to the case from each party, including financial information or other information related to assets or relevant child or family information.

Should the mediation process be a successful one, your mediator will draft an agreement for you both to sign, before submitting it to the court. The court will provide a judgment and, if accepted, will sign the agreement.

However, if consensus cannot be reached in mediation, the case must go trial for judgment. Because of the confidentiality of the mediation process, the information shared in those discussions will not be heard by the judge. 

Are mediators the same as lawyers?

Mediators and family lawyers are different, but those who practice family law can often be mediators. The DBMA team specializes in mediation, and we encourage those who are able to use this process to do so, as it keeps disputes out of court and can be a more amicable, less time-consuming, less costly process for families already experiencing the burden of their current situation. 

Mediators who specialize in family law often are trained in subjects like conflict resolution, mental health, and domestic abuse. Every mediator in the state of Oregon is required to meet a specific set of training, education, and experience requirements in an effort to maintain a high standard of mediation support to those who need it.  

DBMA Family Law meets and exceeds these requirements so we can create the best possible outcomes for our clients. 

There’s so much more we can share with you about mediating your divorce. Contact DBMA Family Law today so we can help you settle your dispute as quickly and as amicably as possible.