What to Expect at a Family Mediation

Opening Remarks

In Family Mediations, it is typical for mediators to conduct opening statements in private sessions with each party and their attorney instead of conducting the mediation in a joint session. However, this can vary from case to case. In cases where Domestic Violence Injunctions are in place, the parties must remain in separate rooms. Additionally, many family mediations are highly emotional. Placing the parties in the same room can cause added stress and can be emotional. Many family mediators keep parties separate from the beginning in order to keep the parties more comfortable.

Third Parties

Sometimes family mediation participants desire to have their family members or significant others be a part of the mediation. However, everything that is said in mediation is confidential unless required or permitted by law.  Accordingly, third parties are to be excluded from the mediation unless all of the parties agree to the third party being present.  Further when mediation is virtual, mediation participants are required to be in a private space where their conversation cannot be overheard by third parties. If a mediation participant desires to have a third-party present, it is important that this is addressed prior to the commencement of the mediation. In the event a third party is present at the mediation, the mediator is obligated to inform the other party and seek approval. If the other party does not approve, then the third party is required to vacate the mediation.

Private Sessions

When the mediator meets in a private session with each party, it offers both parties the opportunity to vent, express their frustrations, and discuss settlement strategies. The mediator will often keep the parties in separate sessions while going back in forth between the rooms to discuss settlement proposals and to help facilitate settlement until the agreement is reached.

Reaching An Agreement

In the event an agreement is reached during the mediation, the settlement agreement is then reduced to writing and signed by the parties. When mediating virtually, the Agreement is circulated for electronic signature.