Family law mediation is a process where spouses meet with a neutral third party such as a lawyer or mental health professional to identify issues, express objectives, develop options, and work towards resolving disputes related to divorce or separation. Key issues addressed in mediation include child custody, support, property division, parenting plans, and other financial matters. The mediator's role is to facilitate communication between the parties and help them draft agreements, while remaining impartial. Mediation offers a more affordable and cooperative alternative to litigation and is most suitable for couples who are willing to communicate and find agreements.
1. FAMILY LAW MEDIATION
Julie R. Colton, Esq.
310 Grant Street
1220 Grant Building
Pittsburgh, PA 15219
412-281-3007
jcolton@vgslaw.us
2. WHAT IS FAMILY LAW MEDIATION?
A process by which you and your spouse sit down
with a neutral third party to identify issues, express
individual objectives, develop and consider options
and discuss resolution
The goals of mediation is to manage conflict while
creating recognition and empowerment.
3. WHAT IS FAMILY LAW MEDIATION
(CONT.)
Support
Custody
Property Division
Parenting plans
College Education
Life Insurance
Pet Custody
Estate Settlements
4. WHAT IS A MEDIATOR?
A mediator is a neutral Third Party who will help facilitate
communication between you and your spouse. A family law
mediator will be either a trained mental health professional or
an attorney.
Rule 2.4 Lawyer Serving as Third-Party Neutral
(a) A lawyer serves as a third-party neutral when the lawyer assists two or
more persons who are not clients of the lawyer to reach a resolution of a
dispute or other matter that has arisen between them. Service as a third-party
neutral may include service as an arbitrator, a mediator or in such other
capacity as will enable the lawyer to assist the parties to resolve the matter.
(b) A lawyer serving as a third-party neutral shall inform unrepresented
parties that the lawyer is not representing them. When the lawyer knows or
reasonably should know that a party does not understand the lawyer’s role in
the matter, the lawyer shall explain the difference between the lawyer’s role
as a third-party neutral and a lawyer’s role as one who represents a client.
5. WHAT DOES A MEDIATOR DO?
Educate about the law
Facilitate communication between the parties
Help the parties to “hear” each other
Draft a non-binding Memorandum of Understanding
Help brainstorm solutions
6. WHAT A MEDIATOR CANNOT DO
Advocate for either party
Practice Law
Provide Legal Representation
Give Legal Advise
Draft Court Pleadings
File your Divorce paperwork with the Court
7. HOW DOES MEDIATION WORK?
Mediation is based on trust
The parties must bring information with them
The parties may rely on other professionals to
assist with the process
Mediator helps parties to get past positions
8. MEDIATION BASICS
Litigation must stop
Both parties must disclose all necessary and
relevant information
Mediation is confidential. The mediator will not
testify in court or turnover her notes
The mediator will inform of you what the outcome
might be through the court process
Attorneys are usually not present in family law
mediation
9. MEDIATION AS A TOOL
Mediation is often utilized in conjunction with other
professionals:
Therapists
Life Coaches
Parenting Coaches
Financial Planners
Appraisers
The other professionals are important to improve the
outcome of mediation
11. WHY YOU SHOULD CHOOSE MEDIATION
Mediation is:
Cost Effective
Acknowledges emotions
Brings awareness
Empowering
Move past positions to understanding
12. WHO SHOULD CHOOSE MEDIATION?
People should use mediation if they are:
Motivated to Mediate
Self-Responsible
Have a willingness to agree
Have a willingness to disagree
13. WHO SHOULD NOT MEDIATE
Couples with severe power imbalances (i.e.
domestic violence)
Couples who are not willing to disagree
Couples where only one party is willing to mediate
14. JULIE R. COLTON, ESQ.
Voelker & Gricks, LLP
310 Grant Street
1220 Grant Building
Pittsburgh, PA 15219
412-281-3007
jcolton@vgslaw.us
www.vgslaw.us