Is Mediation The Right Choice For Us?
Mediation can be an effective, affordable choice for many families, but it is not the right path for everyone. If you are trying to decide whether you should try mediation, there are a few questions you should consider:
Do You Already Agree?
This is a question that many people skip over, because they know they need to do something to make custody or divorce arrangements official. However, some co-parents and spouses actually agree on what should happen as they move forward. If you were married for a short time, kept your finances separate, or have already found a workable co-parenting arrangement while separated, you may not need a mediator.
A mediator can help parties who agree on most issues work through a final few sticking points. However, if you can sit down and work through those issues yourself, that is often the best approach. You can then file your agreement with the court on your own or with the help of an attorney.
Are You Sincerely Concerned About Your Child’s Safety In The Care Of The Other Parent?
Mediators will never hand down a decision in mediation, which means that there needs to be some type of arrangement that both you and a co-parent can agree on in order for mediation to work. If there are factors – such as a history of child abuse, substance abuse or mental health issues – that make you fearful for your child’s well being in the care of the other parent, mediation may not be the best choice for your family. In these situations, litigation often IS the best option to keep children safe.
Do Your Children Have Any Special Needs Or Unique Concerns That Need To Be Taken Into Consideration?
One of the benefits of mediation is the ability to customize agreements to fit your family’s needs. For parents of a child with special needs, specialized educational concerns or unique gifts, a one-size-fits-all agreement is rarely a good option. Instead, mediation will give you the chance to make a customized plan for your children, that fits their schedule, personality and future needs.
Is There A History Of Domestic Violence In Your Relationship?
Domestic violence doesn’t automatically preclude you from using mediation. At LeBlanc Law & Mediation, we will mediate for couples who have a history of protection orders or violent incidents, but ONLY if you can both feel comfortable with the process.
For individuals who want to participate in the mediation process, but are uncomfortable being in the same room as the other person, conducting mediation sessions in separate rooms can be an option. However, we encourage clients to seriously consider whether they feel they can work towards a mutually beneficial solution with the other person. If you don’t think you can, then litigation is probably the best choice.
Contact A Minneapolis Family Mediator
If you have questions about whether mediation is the right choice for your family, contact a Minneapolis mediator with LeBlanc Law & Mediation at 612-337-9530.