After ten years, Liza Weil and Paul Adelstein’s marriage has come to an end. The parties have a five year old daughter together – Josephine Elizabeth Weil-Adelstein.
What is family law mediation?
Family law mediation is an effective, non-adversarial, and informal method of alternative dispute resolution. It is available to parties who are seeking to settle the corollary issues surrounding their divorce or separation. That is, parties may attempt to resolve issues related to their separation such as custody and access, division of property, and support (child and spousal). Notably, a Divorce cannot be granted by a mediator; the Courts have sole jurisdiction to grant a Divorce.
Mediation is done in a confidential, timely, and cost-effective manner with the aid of a neutral and impartial third-party, the mediator. It is the parties who must resolve the disputes arising from the separation, and must come to agreement themselves. It is the role of the mediator to help the parties navigate the dispute resolution process. Specifically, a mediator helps the parties determine the issues that need to be resolved and will help the parties effectively communicate with one another until an agreement is reached.
The best candidates to engage in mediation stemming from the breakdown of a relationship are parties who are amicable and willing to sit down and effectively communicate with one another.
The parties must consent to participate in mediation and they must consent to the mediator who is selected to guide the negotiation process.
Parties who opt to engage in family law mediation do not need to retain a lawyer, however, it is recommended that both parties seek independent advice as a mediator is not able to give legal advice to the parties nor is the mediator able to make final and binding decisions.
Upon the completion of a successful mediation, all the negotiations are incorporated into a written agreement and signed and adhered to by the parties.