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FAQs

What happens during mediation?

As a mediator, I am a neutral person who will guide parties through conflict resolution by asking questions, listening objectively and thoughtfully to what is said during the session. Mediators do not take sides. Instead, their purpose is to facilitate conversation and help parties reach their own decisions relating to divorce, co-parenting, child visitation and custody, and division of assets.

Why should I consider mediation as an alternative to the traditional divorce process?

Family law courts are overloaded with cases which can delay divorce hearings for months or years. Mediation is becoming an increasingly popular, cost-effective option for couples who want to save time and prefer resolving their differences in private instead of inside a courtroom before a judge. Indiana law requires a 60-day waiting period after the initial divorce filing. Mediation sessions can occur within these 60 days. If the divorcing parties can resolve their differences within these 60 days and both parties have signed documentation to support the agreements, the mediator will file appropriate papers with the court. After the judge has signed off on these papers, the couple is considered legally divorced.

How long will mediation take?

Because each case is different, it would be premature to predict how many sessions are needed. A confidential intake sheet will be required for completion by each party and submitted to the mediator before a session begins. This sheet will consist of questions that will provide the mediator with an outline of what factors are involved in the case and to assess what each party is seeking. Neither party has access to the other party’s intake sheet at any time – only the mediator.

Where does mediation take place?

Mediation can be done via Zoom without stepping inside a courtroom. This saves gas, missing work, navigating traffic congestion and parking availability for 1, 2, or possibly more court appearances in a traditional, in-person court divorce process. Parties are generally more at ease and engaged in their home particularly if separate residences have been established.

What happens after the parties’ conflicts are resolved?

With the completion of successful and productive mediation, each party will be required to sign a document confirming their agreement to what was resolved. A mediator will file the required  documents with the court for a judge to review. If there are no questions or concerns, the judge will render their signature, and the divorce is considered final and legal under Indiana law. If the judge has questions or needs verification of any matters, the mediator will communicate this information  back to the parties to follow any directives the judge issues. Once the divorce is final, both parties will receive copies of the divorce decree.

What is the difference between mediation and arbitration?

A mediator is a neutral third party who listens to the points of conflict when a divorce petition has been filed and assists the parties as they reach an agreement that both are satisfied with. With mediation, the parties have the option to change the agreement if they choose. In an arbitration, the arbitrator decides for both parties. Once this decision is made, it cannot be changed.

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