What is Mediation?
Mediation is a process used to help people reach agreements with the help of a neutral, trained mediator. The mediator works with people to discuss all of the issues related to their family conflict, to explore possible options for settlement, and to identify solutions that best meet the needs of each person involved.
We offer Family Mediation for family conflicts and Collaborative Mediation for divorce.
Call today to schedule a FREE 30 minute consultation to find out if Mediation is right for you. 724-759-7514 or book online here.
Family Mediation applies the basic principles of mediation to the resolution of issues that arise in families. Family Mediation is neutral. In mediation, a neutral mediator helps families resolve their disagreement by facilitating their discussions in a safe way and guiding them to appropriate resources and advisors as needed.
Mediation offers Confidentiality, Voluntary Participation, Controlled Procedures (fair and balanced) and Mutually Acceptable Agreements.
Family Mediation can help families to transform. Using family mediation services can result in sound decision-making, reconciliation of divergent views, clearing the air, lessening resentment, greater understanding, improved communication, and transformation of relationships. Family Mediation reduces pain. Family mediation services can benefit families by increasing understanding and improving relationships through communication. It can also help by avoiding costly and hurtful litigation.
Collaborative Mediation is a hybrid of the two most efficient methods of divorce currently available – Collaborative Law and Mediation. Collaborative Mediation offers families one streamlined process that can be more satisfying than either process alone. The parties agree at the beginning that they will work toward resolution in a transparent and respectful manner with the help of their Collaborative Professionals.
For a comparison chart of your Divorce options click here: Divorce Process Options
Why is Collaborative Mediation the Right Choice? Divorce can be costly – this is a sad reality. With Collaborative Mediation, you and your spouse can maintain control over the cost, ultimately saving your money for retirement or college funds. While saving money, you also gain the wisdom and expertise of the neutral Collaborative Professionals who co-mediate the issues of your divorce, while having the opportunity to consult with Collaborative Attorneys as needed. This makes for an efficient process.
Collaborative mediation combines the best aspects of mediation and Collaborative Divorce in a process that meets the needs of the divorcing family while minimizing costs. In collaborative mediation, you and your spouse, work with collaboratively trained co-mediators to work through all of the issues of the divorce including legal, financial, emotional and parenting to reach an out-of-court agreement.
Co-mediators can be a neutral Collaborative Coach and either a neutral Collaborative Attorney or a neutral Collaborative Financial Professional. The unique co-mediator team helps spouses gather relevant information, develop options for property division and shared parenting if they have children, and negotiate agreements acceptable to both of them. Instead of requiring all other professionals to attend the settlement meetings at the same time like often happens in collaborative law, the other professionals selectively participate in the mediation sessions when and if the spouses and the mediators feel it would be This reduces costs while keeping their expertise readily available.
In a Collaborative Mediation, the parties chose to enter into an Agreement to use Collaborative principles to settle the issues arising from the dissolution of their relationship. The Parties, Collaborative Lawyers, Mediator, and other Collaborative Professionals design how they will work together to support, guide and assist the clients to reach an Agreement acceptable to both parties.
The Mediators prepare a Memorandum of Understanding if the parties reach agreement on all or some of the issues and share it with the parties and their Collaborative attorneys. The Collaborative Attorneys prepare the final legal documents based on the Memorandum of Understanding.
In Collaborative Mediation the parties and professionals sign a written “participation
agreement” in which they pledge to use the Collaborative principles to:
- settle the outstanding issues in a non-adversarial manner.
- uphold a high standard of integrity, not take advantage of mistakes and negotiate in good faith
- minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation.
- cooperate and build trust among all of the individuals involved.
- fully and honestly disclose all property and debts and all documents such as financial statements, income tax records, and all other relevant information and writings requested by the other Party that may be relevant to the Mediation discussions.
- effectively and respectively communicate with each other and not make accusations or claims not based in fact.
- efficiently and economically settle the dissolution of their relationship.
- resist going to court
Collaborative mediation combines the best and most successful strategies of Collaborative Divorce with the cost effectiveness of mediation with outstanding success.
Benefits of Collaborative mediation includes:
- Positive future family relationships
- Reducing conflict between parents to ensure children’s well-being
- Respectful and constructive communications and negotiations
- Preserving spouses’ financial and emotional health
- A smaller team approach
- Neutral mediators to facilitate parties’ negotiations
- Parties’ ability to decide how much or little to involve divorce lawyers
- Control over cost
- Efficiency and expediency
The roles of the professionals in the Collaborative Mediation Process:
- The primary role of each Co-Mediator is to work with the parties to assist them in coming to agreement on the various issues involved in their case by facilitating dialogue, assisting the parties in identifying issues between them, working to reduce obstacles to communication, maximizing the exploration of alternatives, and clarifying points of agreement.
- The primary role of the Collaborative Lawyers is to advise the parties and prepare any needed legal documents. The Lawyers work as part of the Collaborative Team to assist the Parties in coming to agreements.
- The Parties may meet with the Mediators with or without their Collaborative Lawyers present, as they and the team decide.
- Other Collaborative Professionals may be jointly hired by the parties by agreement to assist with financial analysis, asset appraisal, child issues, or other matters requiring specialized expertise, so that the parties can ensure they are fully informed.
Collaborative Mediation is customizable so that you can receive the level of support that you need. It is a process that will allow you to as quickly as possible put your divorce in the rearview mirror.
Call today to schedule a FREE 30 minute consultation to find out if Mediation is right for you. 724-759-7514 or book online here.
When can Family Mediation be used?
Mediation can take place at any stage in a difficult situation or conflict. The earlier it is considered, the better. since mediation can lead to peaceful and private solutions that most often save time, money, and stress. If mediation is not considered until later in the process, there may have been significant time and money spent without reaching agreements, and emotions can run very high. This lowers the chances of reaching a peaceful agreement.
Unfortunately, families don’t come with manuals for how to safely and effectively navigate the rough waters when stressors arise. Family Mediation offers the assistance of an experienced professional to help you and your family to create solutions that are tailored to your unique situation and family dynamics including the difficulties faced at children’s various developmental stages. We help to assist and educate parents and children regarding the impact of internal struggles and outside influences. We also help to promote healthy and effective communication between family members.
Family Mediation may be a good choice for you if your family needs help with:
- Family conflicts
- Blended family issues
- Extended family concerns
- Dealing with elderly parents
- Poor family communication
- Marriage challenges
- Divorce and custody issues
- Pre-Separation – Thinking of the children
- Adoption issues
- Teen pregnancy
- School dropout risk
- New parent challenges
- Discipline issues
Who participates in Family Mediation?
Mediation can include different combinations of participants at different times. At the minimum, the neutral mediator meets with the two parties to the case, but other family members or professionals may also be present.
Families may at times face stressors or crisis situations that challenge their ability to cope and effectively solve problems without the help of a professional. Our clients often include families who are in crisis, new parents, and adoptive parents, blended families, siblings who are facing decisions about elderly parents and others who need help coping with a difficult situation or transition.
How does Family Mediation work?
A neutral mediator promotes discussion and negotiation that allows the family members involved in a conflict or a dispute the opportunity to exchange divergent views, ask questions, discuss difficult topics and find solutions in a safe way. The mediator assists the participants to explore and find mutually acceptable solutions. Family mediation generally involves a series of meetings with the clients and the mediator that promote effective communication and decision making about the issues that need to be addressed. Family mediators guide the family members through considering possible solutions and options to address various problems through brainstorming, experience, and attentive listening by the mediator. Realistic solutions are proposed and considered. The clients have control over the process. What generally results is the creation of a sound, mutually acceptable agreement to address the parties’ particular circumstances.
What Family Mediation is not.
Family mediation is not psychotherapy, marital counseling, or legal representation. Mediators with backgrounds in law or mental health (or other areas) do not represent or counsel mediation clients during the family mediation process, but rather serve as neutral facilitators of the decision-making process.
In some cases, the Family Mediator may work with the family to provide support and assistance while a member of the family also receives therapy from another professional to address a condition such as anxiety or depression. Family Mediation is not covered by insurance, however it is generally a short term service and a worthwhile investment in the healthy functioning of your family.
Please note that Family Mediation is not for those families who choose the courts instead.
Family Mediation is available with Loretta “Lori” Gephart, M.A., a Licensed Psychologist, Mediator and Collaborative Coach who is available to help you and your family to face your current challenges. Lori is a member of the Academy of Professional Family Mediators. Call 724-759-7514 today to schedule or for more information.
Appointments are available in our Wexford and Robinson Township offices.
Please note that these services are not covered by insurance.