What you are doing here
You are here to reach a settlement of your case. Mediation allows the parties more control over the outcome of their matter than going to trial. Most family law cases in Blount, Cullman, Madison, Morgan, Walker, Jefferson, and Winston counties are required to complete mediation before going to trial. Mediation is an informal process where you and the other party meet with a neutral, third-party mediator in an effort to reach a settlement to your case. The mediator is not a judge who is going to make a decision about your case but is a practicing attorney who routinely handles family law matters. That being said, she is not your attorney, and your attorney will be available should you have any questions as the mediation progresses.
What happens during mediation
The idea of mediation is to get you and the other side talking in hopes of settling your case, or at least resolving some of the outstanding issues. One of the advantages of mediation is that you are allowed to discuss as many issues as you and the other party want. If the matter were taken before a judge, you would only be allowed to present certain evidence in accordance with the court rules. Another advantage is that you and the other party are in control of the outcome rather than allowing the judge to decide the case after hearing only a few hours of evidence and testimony. Ideally, it is an opportunity for the two of you to craft a settlement that fits with your lives rather than a “one size fits all solution” that you might receive from the courts.
Why mediate instead of trial?
Mediation proceedings are confidential and the discussions are not admissible in court, so you should feel free to discuss any issues. You, your attorney and the mediator meet privately and are never in the same room as the opposing party.
The main thing that you need to take with you is an open mind and an idea of what your bottom-line agreement would be. Keep in mind that, although mediation is often required by the court, you are not required to reach an agreement. However, we encourage you to strongly consider any serious settlement proposals as most people who settle their case end up much happier with the outcome than those who proceed through additional litigation.
The mediator cannot be subpoenaed to testify in court and we are required to file a report with the court as to whether an agreement was actually reached.
If an agreement is reached, it will be adopted by the court as a court order. Rest assured, you and your attorney will be able to review any agreement together before it is entered by the court.
