Mediation

Mediation

What is Mediation?

In mediation, a neutral third party assists the disputing parties in finding their own mutually acceptable solution to the disagreement. The parties agree to negotiated terms, if they can, making all of the decisions themselves. Mediation, like negotiation, seeks solutions so both sides "win" in the agreement. This could be said to empower the parties to the dispute because it places the responsibility for problem-solving and decision-making in their own hands and not in the hands of the Court.

Agreements made during mediation cannot entirely replace the formal divorce decree handed down by a judge, because mediators cannot grant a divorce. The Agreement reached can determine what the decree will say about property, debts, support and all of the children's issues, including support, parenting time, decision-making and custody.

A mediator cannot take the place of an attorney, because mediation and legal representation are two separate roles. Your lawyer, although trained as a mediator and acting as a mediator in other cases, cannot act as your mediator due to the conflict of interests that such dual representation would create. Agreements made in a mediation session and written by the mediator must be reviewed your own lawyer who will complete the decree granting process.

Mediation is a voluntary process. As in negotiation, neither party can be forced to come to an agreement or to keep negotiating. Often it is beneficial that each party is forced to take a role in the dispute resolution rather than hiding behind an intermediary who is a committed advocate.

The Role of the Mediator

The mediator helps the parties in defining the issues at hand, gives them basic information about the legal system they are involved in, helps them discuss their issues in an orderly and civil manner, and encourages them to evaluate how proposed solutions would work. Mediators do not serve as advocates for either side of the dispute, nor do mediators provide legal advice.  Also, the mediator is not the decision-maker. Instead, mediators facilitate orderly, purposeful and organized communication between the disputing parties.

The mediator is not a judge, financial counselor, therapist, or friend. Rather, the mediator's task is a specific one: to help the two parties come to a mutually acceptable agreement if possible.

The mediator's main tasks are to:

­Organize the process and clarify the rules­
Facilitate effective communication­
Assist in defining relevant issues and priorities
Guide exploration of consequences
Record agreements in a provisional writing, pending full legal advice

A mediator cannot:

­ Provide legal advice
­ Provide counseling, therapy, etc.
­ Impose a decision on the conflicting parties. That's known as "arbitration".

Mediation Process

Mediation can take anywhere from two meetings to several meetings over the course of several weeks. It all depends on the progress, the attitude of the parties, the desires of the parties to keep trying, and the complexity of issues to be resolved.

Advantages of Mediation (when done right):

­ Convenient
­ Voluntary
­ Confidential
­ Helps power to be balanced and shared
­ Quicker resolution than litigation
­ Often cost effective
­ Can restore/improve existing relationships
­ Parties have control and responsibility of the process and outcome, unlike a court process

Mediation Should Not Be Used In All Situations

Despite the fact that many cases are settled effectively through mediation, certain situations exist in which mediation would only further existing conflicts or create new ones. Such situations exist when:

One party uses violence or physical intimidation techniques against the other.­ Parties continue to withhold important information that affects the issues they are negotiating. Either party is unwilling to disclose his or her basic goals in the negotiation. Drug or alcohol impairment or mental illness prevents a full understanding of the issues by either side.­ Either party is unable to assert his or her basic needs or concerns because of fear, habits of deference, or some other impediment.

THIS INFORMATION IS INTENDED TO BE A BRIEF OVERVIEW OF MEDIATION DURING THE PROCESS OF A DIVORCE OR DISSOLUTION OF MARRIAGE IN SUMMIT COUNTY, OHIO AND IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THE PROCESS.

IF YOU SHOULD HAVE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CONTACT THE OFFICE TO SCHEDULE AN APPOINTMENT - 330-996-4099.

Call today to schedule an appointment with Melissa Graham-Hurd.
Ohio Mediation in Divorce Attorney

Melissa Graham-Hurd
333 South Main St.
Suite 301
Akron, Ohio 44308
330-996-4099

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Melissa Graham-Hurdprovides legal services for clients in Akron, Barberton, Bath, Canal Fulton, Canton, Copley, Cuyahoga Falls, Fairlawn, Green, Hudson, Jackson Twp., Lakemore, Macedonia, Massillon, North Canton, Norton, Peninsula, Springfield Twp., Stow, Twinsburg, Wadsworth, Wooster, Stark County, Summit County, Wayne County, and Medina County