HOW IT WORKS

 I N G R I D  S L E Z A K  F A M I L Y   M E D I A T I O N   S E R V I C E S

Mediation is an exercise in diplomacy. The goal is
to help both parties find areas of agreement.

A typical mediation includes you, your spouse, the mediator, and sometimes
your children. The mediator is a neutral party whose job is to help you and
your spouse discover common ground so you can avoid the often bitter conse-quences of a contested divorce. Mediation is voluntary and the mediator is not a judge. He or she will not make decisions for you, nor force you to agree to anything.

Although every mediation is unique, all mediations follow a structured process.
The mediation is usually held in our office and begins with a joint session with you and your spouse in which we will explain the process, discuss your expectations, and answer any questions you may have. The mediator will then meet with each party individually for a few minutes to get a sense of the negotiation and communication dynamics between you, as well as any special concerns you may have.

Once the preliminaries are completed, mediation can proceed in one of two ways. If appropriate, you and your spouse will meet together with the mediator to address the issues previously identitifed. If it appears that a joint session would not be beneficial, you may meet in separate rooms so that the mediator can conduct private sessions with each of you (sometimes called a "caucus"). The mediator will then travel back and forth between the rooms until either an agreement is reached or it appears settlement is not possible.

Mediation can vary in length from one session lasting a few hours to several
sessions lasting a few weeks. The time required depends on the complexity of the issues and the parties' willingness to agree. In most cases, mediation is much faster and far less expensive than litigation.

In order to help you and your spouse achieve the best possible outcome, we have several ground rules. These rules are part of the agreement to mediate and they are legally enforceable whether or not you resolve the issues through mediation. These include:

• All discussions in mediation are confidential. We cannot be called to testify in court, nor may you or your spouse disclose in court what options were discussed in mediation if you have not reached agreement.

• You and your spouse must disclose requested financial information. If either participant refuses to cooperate, we reserve the right to terminate the mediation.

• Although we can discuss the potential legal consequences of various options with you and your spouse, for obvious reasons we cannot provide either of you with legal advice. By definition, a mediator is neutral and cannot "represent" either you or your spouse as an advocate. You are always free to consult with your attorney for advice between mediation sessions and prior to the time you sign any agreement reached through mediation. If the mediation is not successful, the attorneys can proceed to prepare the case for litigation.