What Happens in Divorce Mediation in Ohio?
Divorce mediation is a process in which the husband and wife sit down and try to come to an agreement about their disputes by using the services of a trained neutral party called a mediator. Many Ohio courts require divorcing parties to attempt mediation--through court-connected programs that include Settlement Week and Settlement Day--before a judge will hear their case. According to Ohio law, mediation communications must be kept confidential and, in most cases, cannot be brought out in court, so parties have nothing to lose by using the process to attempt an amicable resolution of their dispute.
Other People Are Reading
-
Ohio Mediation Process
-
Divorce mediation in Ohio is a voluntary, nonbinding process of alternative dispute resolution. While the court may require two disputing domestic relations parties to undergo the process, they cannot force the spouses to reach any binding conclusion. Family law mediations are usually scheduled in 2-hour blocks of time, and the parties will work to reach agreement on issues like property division, spousal support, child custody and visitation arrangements, and child support. Mediation is a flexible and creative process that allows people to arrive at their own solutions outside of the restraints of litigation.
Role of Mediator
-
An Ohio mediator is a specially trained neutral facilitator. Mediators do not ever impose a decision on the parties about an issue; instead, they work with the parties to define and understand the issues at play in their divorce and tailor unique solutions to their divorce disputes that may not otherwise be available through the litigation system. A mediator will work with parties together at the same table on certain matters, but can also hold private caucuses with each party to help lead them toward compromise and agreement.
-
Rights and Responsibilities of Parties
-
Under Ohio law, neither party gives up any legal rights by willingly engaging in the mediation process. Divorcing spouses who agree to mediate have the responsibility to be honest with each other about facts (like financial assets) and feelings. While divorce litigants often find themselves in combative and immutable positions, mediation participants are encouraged to be flexible and open to various solutions.
Costs and Benefits
-
As a rule, divorce mediation is less expensive financially and emotionally than divorce litigation. Ohio mediators charge an average fee of $150 per hour, and a typical mediation can be completed in 2 to 4 hours. Additionally, because parties work together to define their own outcomes and solutions, both spouses emerge from the process as winners.
Attorneys and Mediation
-
A law degree is not a requirement to practice mediation in Ohio; however, many trained mediators are also attorneys. It is important for spouses who participate in divorce mediation to realize that the mediator will not act as an attorney or give legal advice during the course of the mediation. While mediation is primarily about individual parties arriving at their own solutions, it is completely appropriate and acceptable for people to bring their attorneys with them to a mediation.
-
References
Resources
- Photo Credit Group of business people working together in the office. image by Andrey Kiselev from Fotolia.com
