MJR Mediations

During mediation, you may be able to reach an agreement regarding your divorce, child custody or other family legal issue. The mediator memorializes this agreement in writing. Depending on the type of case you are mediating, it may be necessary to present the agreement to the judge in or out of court to be incorporated as part of the court order. If you were unable to reach an agreement in mediation, you would need to go to court to seek the legal relief you are requesting.

Mediation is a voluntary process. If you participate in good faith and are unable to reach an agreement, you can still continue in the contested case. However, many parties are able to reach an amicable agreement during mediation that provides better alternatives to what a court may have ordered.

The mediator may divide you and your spouse in different rooms so that you have no direct interaction during the process. During these private meetings, the mediator can discuss the weaknesses of each party’s position and discuss the possible negative consequences of not reaching an agreement. This may encourage your spouse to make more rational decisions that are in his or her own best interest. If you are unable to reach an agreement in mediation, you simply continue with a contested divorce.

No, it is not. In fact, your attorney can participate in mediation with you and advise you of your legal rights for each option that is presented during mediation. Mediation can be commenced at any stage in the process, including before a case has been filed, after the answer is provided, before discovery is conducted or on the eve of trial. Court encourages mediation as a way to amicably resolve disputes.

Family mediation is a private and confidential process. Nothing you say in this forum can later be repeated to the court. It is often much less expensive to resolve family legal issues through mediation since it avoids the expensive litigation process. Also, parties are often able to come up with creative solutions to their legal issues and develop an agreement that is customized to their unique needs.