Your Questions About Mediation ANSWERED
Have questions about divorce mediation? We can help!
At DBMA Family Law, our goal is to help our clients receive the legal counsel and mediation services they deserve. Situations like divorce, equitably separating assets, and creating a parenting plan can be stressful for all involved. One option for alleviating the more emotionally heightened moments that people can face in family law disputes is mediation.
What is mediation?
Mediation is a structured process, led by a neutral, third party, the mediator, where those involved in the dispute are encouraged to participate in neutrally facilitated discussions designed to resolve conflicts and avoid court.
Is mediation required?
If there are children involved, all counties in Oregon require that you attempt to resolve your dispute in mediation, or another form of dispute resolution, prior to appearing for hearing or trial. In those instances where one party does not feel safe, the process can be managed in a way where they do feel safe, supported, and heard. Mediation can also be waived in certain, limited circumstances.
Is a mediation agreement enforceable in court?
Yes. A mediation agreement is essentially a contract between both parties. It is vital that the mediation outcome is documented, and all agreements are in writing and signed.
Is mediation private or public?
Mediators are required to be neutral parties during the mediation process, and confidentiality is a key component of mediation discussions. However, not all information can be kept confidential, and this is not always at the discretion of the mediator. Under Oregon law, attorneys and mediators are mandatory reporters of abuse, and disclosures made during mediation may lead to mandatory reports to the proper authorities. This situation is rare, and should be discussed with your attorney prior to mediation. Mediated agreements are also often incorporated into the terms of the Judgment of Dissolution itself, which is a publicly accessible document. Speak with your attorney if you have concerns about specific information being available to the public at large.
Who is allowed to provide mediation services?
The entire DBMA firm is trained and experienced in working with parties going through meditation and Patty Arjun is a certified divorce mediator. Though advanced training is not required to be a mediator, there is a 40-hour basic mediation training that some mediators go through in order to become certified.
Are mediators impartial?
Yes, a mediator is intended to be a neutral third party between the parties who are in dispute. When we work with clients in disputes as a mediator, we meet each party individually to get a broader understanding of the situation before meeting in a group setting. We believe this makes the group mediation process more efficient and leads to better outcomes.
Are attorneys involved in mediation?
Attorneys can be involved in the mediation process, but they do not have to be. We have participated in many mediations where attorneys have been present, and many where attorneys have not been present. Either scenario can lead to consensus-based outcomes.
Do mediators appear in court?
No, mediators do not typically appear in courtroom proceedings. Their goal is to do their work with all parties involved before things reach court, get those agreements in writing, and get the agreements signed in order to make any court-related decisions (if necessary) easier to make.
Are there different types of mediation?
There are, in fact, several different types of mediation. We encourage you to learn more about the different types of mediation there are, and to get to know your prospective mediator before making your final decision on who to work with. Personalities matter in this process, and not all parties are going to work well with every type of mediator.
For example, many mediators are senior-level attorneys or retired judges. They’ll likely have a more authoritative style and demeanor in how they conduct mediated discussions, which might not work well in all situations. We recommend finding out if your potential mediator will do a 15-minute consultation to determine if you're a good fit for each other.
Can mediators provide legal advice?
Though many mediators are lawyers or have legal experience, they cannot provide legal advice if they are acting as a mediator. Similarly, if you’re working with a lawyer as your mediator (like Patty Arjun at DBMA), we cannot represent you in court if your mediation cannot be resolved outside of court. We will provide all appropriate materials to your legal counselors, but we cannot represent you in this case.
Why is mediation a good option?
The way we see it, when people start talking — especially in a safe environment — they tend to solve their problems in a way that works best for them, which may be different than how a judge decides disputes at a contested hearing or trial. Most people don’t want to be in dispute. Disputes are stressful. They’re emotionally draining. They’re time consuming. Typically, people would rather work these things out.
We also believe that mediation is often a cost-effective and efficient way to resolve conflicts. We dive in together, have a series of meetings (separately and together) to get through all of the content, and we hash out solutions to the issues at hand. When the need arises, we bring in experts like financial specialists, parenting specialists, or even psychologists to help do the heavy lifting. We’ll customize our mediation to whatever the situation needs.
What are the most important aspects of mediation?
In our professional opinion, good mediation is voluntary, collaborative, controlled, confidential, informed, impartial, safe, self-responsible, and satisfying. It doesn’t take all of the pain out of family law disputes, but it can help make them equitable and manageable.
Want to learn more about mediation services? DBMA Family Law would be happy to provide you with a 15-minute consultation, so we can learn more about your situation, and you can learn more about our mediation services.
Contact DBMA Family Law today!