Family law cases can be overwhelming, especially if you're representing yourself. Whether you're dealing with a divorce or custody and parenting time issues, mediation allows you to resolve your case without going to court. This guide will help you understand how family law mediation works and how you can get the most out of your session as a pro se litigant.
Understanding Mediation
Mediation gives families the power to resolve their court case without going to trial. A neutral third-party, called a mediator, helps parties find a solution to some or even all of their family law issues. Unlike a judge, a mediator does not make decisions for the family. Instead, mediators work with couples and parents to improve communication and negotiate an agreement. In Oregon, mediation is mandatory in family law cases involving custody or parenting time, but it can also be used for other issues like property division and spousal support. Oregon mediators have to meet training and experience requirements, and are different from lawyers, though some lawyers are also trained mediators.
Benefits of Mediation
Mediation offers several advantages:
- Cost-Effective: Mediation is typically less expensive than trial.
- Faster Resolution: Cases resolved through mediation can end faster than those going through the court system.
- Confidential: Unlike court proceedings, which are public, mediation is a private process.
- Control Over Outcomes: Parties have more control over the final agreement compared to a judge's ruling and can be creative in how they solve problems.
- Less Adversarial: Mediation fosters cooperation and can help preserve relationships, which is especially important when kids are involved.
Making the Most Out of Mediation
- Stay Focused on the Big Picture: It’s easy to get bogged down in details or past grievances. Keep your focus on what matters most for your future and the well-being of your kids if they are involved.
- Be Open to Compromise: Mediation is about finding middle ground. Be open to compromise and consider creative solutions that can meet everybody’s needs.
- Take Breaks When Needed: Mediation sessions can be long and intense. Don’t hesitate to ask for a break if you feel overwhelmed or need time to think about a proposal.
- Ask Questions: If you don’t understand something or need clarification, ask questions. It’s essential to fully understand all aspects of any agreement before signing.
- Ask Why: Ask yourself why you want a particular outcome. Is there a concern or underlying emotion such as fear that can be addressed a different way? Consider what motivates the other party. This is key to creative problem solving.
Seek Legal Advice
Mediation can be an effective way to resolve family law disputes in Oregon, particularly if you approach it with preparation, flexibility, and a cooperative mindset. Consulting an experienced family law attorney at The Commons before mediation can help you understand the process, know your rights, and increase your chances of reaching a fair and amicable resolution. Click here to learn more about our affordable family law pay-as-you-go coaching program and to fill out our family law intake form to get started with legal coaching services!