Mediation
What is Mediation?
Mediation is an informal, non-adversarial method of resolving disputes and is especially well-suited for resolving issues in divorce proceedings. The parties’ participation in mediation is strictly voluntary. Mediation typically takes place in a neutral, out-of-court setting, like the mediator’s office. The parties, with or without counsel, meet with the mediator and discuss the issues to be resolved with the goal of reaching an agreement acceptable to both parties. Attorney Robin L. Omer has successfully mediated divorce matters for over 20 years.
Mediator’s Role
The role of the mediator is to help the parties resolve the issues in their divorce case without having to litigate those issues in court. The mediator does not serve in place of a judge and does not make decisions for the parties. In his role as a mediator, Mr. Omer will assist the parties in crafting a settlement agreement that works for both sides.
Domestic Violence Screening
The mediator is required to make a reasonable inquiry as to whether either party has a history of a coercive or violent relationship with the other party and to determine whether or not the case is suitable for mediation. You should inform your mediator if there has been any domestic violence during your relationship which may impact your ability to effectively participate in mediation.
Written Summary
If the parties reach an agreement (on all or even some of the issues), the mediator, will assist them in drafting a written summary of the terms of their agreement. The written summary is only binding and enforceable when it has been signed by both parties. The terms of the settlement agreement are typically included in a Judgment of Divorce to be filed with the Court.
Independent Legal Counsel
Each party has the right to be represented by an attorney throughout the divorce and mediation process. As the mediator, Mr. Omer will facilitate settlement negotiations, but will not provide legal advice to either party. In order to maintain neutrality, the mediator is not permitted to prepare legal documents to be filed with the court.
Confidentiality
During the mediation process, any communications between the parties and the mediator, including offers of settlement, are confidential and may not be disclosed without the consent of all parties.