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Information for the Public
Family Mediation
Parenting, Divorce and
Post Divorce Issues
What is Family Mediation?
Family mediation is a process where an impartial third person,
the mediator, helps people negotiate with one another to re solve
issues relating to parenting, divorce, or issues that arise after
a divorce.
The mediator can:
- Help parties discuss parenting time and responsibilities.
- Facilitate discussion of assets and liabilities, including property and businesses, and spousal support, if any.
- Allow each party the opportunity to communicate his or her concerns to the other party.
- Encourage the parties to explore alternative ways to resolve problems.
- Help parties negotiate an agreement satisfying to both.
- Encourage parents to use problem-solving skills in the future to address issues and deal with conflict.
Why use Mediation for Parenting, Divorce, and Post Divorce Issues?Mediation has many advantages that • In mediation, parties keep control over the outcome and solutions. They are familiar with issues unique to their family. Parents are able to focus on the needs of their children. • Mediation is confidential and private. • Disputes can be settled promptly. Mediation can be scheduled as soon as both parties agree to use mediation, even before legal papers are filed. • Parties are able to reduce the emotional trauma for the family that divorce litigation can produce. • Settlement in mediation is entirely voluntary.
While the courts may order you to try mediation,
either party or the mediator may end mediation at • Mediation costs are usually significantly less than trial costs. • Parties are more likely to comply with voluntary agreements that meet their needs. |
What is a Mediator's Role?
The mediator is not a judge and does not render a decision or impose a solution on any party. Rather, the mediator helps those involved to talk to each other, thereby allowing them to resolve the dispute themselves in a way that meets the needs of both parties.
How does Mediation Work?
The mediator meets with the parties/parents in a room that
allows for privacy and safety. Parties/parents may elect to bring
their attorneys with them, and this is often advisable. After a brief
description of the process, ground rules are set, confidentiality is
explained, and parties are asked to sign a paper saying they agree
to mediate. Parents may work toward creating a plan for parenting,
and the parties may discuss assets, debts and spousal support.
Through mediation, parties have an opportunity to tailor a plan specifically suited to their needs and the needs of their children. The mediator will usually meet privately with each party to explore more fully the facts and needs of the parties. This gives the participants the opportunity to communicate to the mediator their real interests as well as to vent anger or frustration outside the presence of the opposing party.
When authorized by a party, the mediator will communicate ideas and proposals to the other party so that agreement can be reached. The agreement is then written down and signed by the parties.
Find a Mediator
Our state court roster contains the names of Mediators who have met the Mediation Registration Standards and Procedures adopted September 18,1998 and who have registered with the Alabama Center for Dispute Resolution, Inc.
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