Mediation Process

What Is Mediation?

Mediation is a process in which people in disagreement work together with an impartial
mediator to reach a mutually acceptable solution.

How Does The Process Work?

Parties are summoned to attend a mandatory orientation to mediation by the court. Or, in the case of self-initiated mediations, one party contacts Parenting SCIL by phone or email. In either case, the mediation process is explained in detail.

Mediation is voluntary and any party can choose to stop the mediation session at any time.

All parties involved in the mediation will be contacted by the mediator. If parties agree to mediate, an agreement to mediate is signed and a date, time, and location are scheduled for the mediation session. In self-initiated mediations, fees are paid prior to the mediation session.

Mediation session is conducted. Children are not permitted to attend mediation sessions. Recordings of mediation sessions are prohibited. Remember, mediation is confidential, and mediators may not share information about the negotiation.

If an agreement is reached, the mediator will draft a mediation agreement for your review and signature. If your case was court-ordered, the mediator will submit the signed agreement to the applicable J&DR court. Agreements reached by self-initiated parties must be submitted to the court by the parties or their counsel.

If no agreement is reached, cases referred from a J&DR court are returned back to the court for a hearing before a judge. There is no penalty for trying mediation, even if you do not reach an agreement.

Who is Parenting SCIL for?

Anyone dealing with issues related to:

Court or Mediation?

When a dispute arises, sometimes it seems like the only way to resolve
the issue is to hire a lawyer and take it to court. This can cause a tremendous amount of stress,
financial strain, wasted time, and torn relationships. There are a number of benefits
with mediation that can get you the resolution you’re looking for with a smaller financial burden and much less stress.

COURT

Limits openness and friendliness.
May impact the opponent’s confidence.
Assumes “The other wants what I want.”
May hide certain information and assumes that the opponent will do the same.
Assumes that “The more you get, the less there is left for me.”

MEDIATION

Encourages viewing the other party as a partner rather than an opponent.
Attempts to meet the basic needs and interests of all participants.
Separates people from the problem.
Focuses on interests rather than positions.
Recognizes the legitimacy of the values, interests and needs of others.

Collaborating For Brighter Futures

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