Mediation and Settlement

It is very common these days for child custody disputes, child support disputes, and divorce actions in general to be submitted to mediation. Many states require mediation as an integral part of their system. Other states simply make mediation services available to litigants. In some cases mediation is required by particular judges, depending on the particular circumstances of a case.

A mediator does not decide a case for you. A mediator essentially sits on the “median,” or in the middle between both sides. A mediator’s job is to listen to both sides of an argument, and to assist the parties in helping them to find the middle ground.

Sometimes, a mediator will begin a mediation session by having everybody sit at a conference table in the same room. At that stage the mediator may ask each party or his lawyer to provide some background on the case and on their view of the facts. Then, it is common practice for the mediator to separate the parties, speaking with each of them individually and trying to determine what facts or information will help to settle the case. By bringing the parties together and separating them, the mediator is often able to broker a settlement between them that the parties were unable to reach on their own. Once a mediation agreement is reached, it is usually formalized in writing and signed by the parties.

Successful mediations result in the complete settlement of the case and can save each party a great deal of time and money. While mediators usually charge for their services, the cost of mediation is generally far less expensive than litigation in a court of law.

If a mediation is unsuccessful, however, the mediator cannot generally be called as a witness in trial. Likewise, any statement made by the parties during the mediation session is generally not admissible as evidence at the time of trial.

Mediation is only one method of settling a case. The parties may settle a case on their own without a mediator—if they are able to do so. They may also settle the case, with the assistance of their attorneys. Sometimes attorneys are able to strike a settlement by communicating on the phone, through email or regular mail, and otherwise. In some cases, it is appropriate for both parties and their lawyers to meet in one of the law offices. A four-way conference can result in a settlement which ends the case without the involvement of mediators or judges.