Mediation

Not every mediator is a lawyer, and not every lawyer practices family law. At Wagner & Bloch, our attorneys practice family law exclusively. Thus, in addition to drawing from their experience as family law mediators, Gayle and Debby bring their experience from practicing law in family court to help bring the matter to a resolution.

Deciding to get a divorce is a monumental decision. Deciding how to get divorced is just as important. While filing for divorce in Court is always an option, many couples desire a more productive, cost-efficient way to resolve their issues and dissolve their marriage. 

Mediation is just one way in which couples can reach the agreements necessary to dissolve their marriage and avoid the costs of litigation. Mediation is generally suitable for spouses who have similar interests and wish to reach agreements for the divorce; often times, people who choose mediation also want to maintain an amicable relationship - even as they part ways.

Mediation can be used to resolve any number of family law disputes, from the initial separation, to parenting time arrangements during the holidays, custody disputes before or after the separation, etc.

What Is The Goal Of Mediation?

The goal of mediation is to reach a mutual agreement. During mediation, couples discuss terms such as property distribution, child custody, child support, and spousal support. Couples may also elect to mediate issues that arise after a divorce has been finalized.

How Does Mediation Work?

For many individuals facing a family law dispute and unsure of where to turn first, mediation is often the best first step. In mediation, both parties will meet with a neutral mediator. Unlike a judge in family law court, a mediator does not make final decisions. Rather, it is up to the couple to arrive at agreeable terms with the mediator’s assistance and guidance.  You do not need to speak with an attorney before beginning mediation, but you may wish to do so. It is important to note that while the mediator will be able to inform you as to certain laws and processed, it is not permissible for a mediator to also be your attorney. 

To get started, both parties must agree to mediation and hire a mediator. Should you choose Wagner & Bloch, we will screen both parties to make sure everyone is on the same page before moving forward and that mediation is appropriate. From there, it will depend on your specific circumstances as to how it proceeds, but it generally starts with some introductory meetings or phone calls and then a session is scheduled for everyone to attend. In most cases, mediation consists of multiple sessions.

If mediation is successful, we will outline the mediation summary for both parties. In Ohio, the mediation summary alone is non-binding without drafting a formal agreement. The parties can choose to take the mediation summary agreement to an attorney who can then draft the final paperwork.

What Are The Benefits Of Mediation?

Divorce mediation empowers couples to make their own decisions. Unlike filing for a divorce, which places important decisions in the hands of a judge, mediation allows couples to generate options and develop solutions that suit their individual interests and needs.

Mediation empowers you to make decisions that will shape your future for many years to come.

Here are just a few of the benefits of mediation:

• You are able to choose your mediator as opposed to being assigned to a judge
• You get to meet in an attorney's office instead of going to court
• You decide when you meet for negotiation rather than a court-assigned date and time
• You have control over the process and the outcome
• You can save both time and money often associated with full legal representation

The mediation process also fosters trust and goodwill between parties - which is important for navigating matters such as joint custody once a divorce has been finalized. In fact, many individuals elect to write a mandatory mediation clause into divorce agreements and parenting plans, requiring both parties to attend mediation before any court documents can be filed regarding future disputes.

Is Mediation Right For You?

We understand that every case is different. While mediation may seem like an ideal solution, it may not be right for everyone. For example, mediation is not appropriate in situations where one partner is the victim of domestic abuse, or there is a power imbalance in the relationship. Our team at Wagner & Bloch will assess the unique facts of your situation to help you choose whether mediation is the right model to achieve the best outcome for you and your family.

Mediation can be very effective for parties who are able to cooperatively engage in the process. By focusing solely on family law, our team understands how the law applies to your case and can be very direct and knowledgeable in your mediation.

How To Get Started

If given the choice, how would you want your divorce to be handled? Would you want it to be time spent fighting or time spent working toward accomplishing a resolution with an equitable outcome for you and your family?

At Wagner & Bloch, we bring our family law experience to the mediation process, helping individuals navigate often nuanced and difficult decisions about their marriages, co-parenting obligations, and finances. If you are currently facing a family law dispute and are unsure of what to do next, mediation may be right for you.

Contact us today to learn more about mediation and how you can get the process started.