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 mediation. Mediators do not take sides. Instead, their purpose is to facilitate conversation and help parties reach their own decisions relating to divorce, 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. Mediation is becoming an increasingly popular, cost-effective option for couples who want to save time and prefer resolving their differences in private mediation sessions instead of 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 mediation sessions are needed. A confidential intake sheet will be required to be completed by each party before a mediation begins. This sheet will consist of questions that will provide the mediator with an outline of what factors are involved in your case and to assess what each party is seeking. Neither party has access to the other party’s intake sheet – only the mediator.
Where does mediation take place?
Mediation can be done via Zoom on a schedule that is compatible with both parties without stepping inside a courtroom. This saves gas, missing work, fighting traffic, and finding a parking spot for 1, 2, or possibly more court appearances in a traditional court divorce process. I have found that parties are more at ease, engaged, and comfortable in familiar surroundings during mediation sessions.
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 has been resolved. A mediator will file the required mediation-associated documents with the court. A judge will review these papers. 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 anything, the mediator will communicate this back to both parties to follow any directives the judge issues. Once the divorce is considered final, both parties will receive copies of these documents for their records.
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.
