Family law matters can disrupt our daily lives and relationships in ways that we could never expect. These types of legal issues often result in nasty disputes and fractured relationships that can hurt for a long time. Emotions run high and may cause you to make decisions that aren’t in your or your family’s best interests.
However, mediation is a way to minimize conflicts and prioritize problem-solving more effectively. At Leahy Cox, LLP, attorney Patrick Melendy is a certified family law mediator who has the knowledge and skill to help Oregon families resolve their legal issues through cooperation and communication.
How Does Mediation Work?
Mediation is a form of alternative dispute resolution that allows two or more parties to resolve their dispute with the assistance of a neutral third-party mediator. In family law cases, mediation may be used to resolve divorces and issues regarding child custody, child support, alimony and more.
Mediation allows you (and your attorney) to negotiate with the other party (and their attorney) to achieve a satisfactory agreement on your dispute. The mediator functions as an impartial participant who facilitates productive discussion between both sides without favoring one over the other.
A mediator may also:
- Clarify legal concerns
- Identify problems and offer solutions
- Maintain civility between the parties
- Keep the discussion on track to minimize conflict and promote reaching an agreement
- Finalize the terms of the agreement
Attorney Melendy has a mediation certificate from the Center for Dialogue and Resolution. As a certified family law mediator, he understands the mediation process extremely well and is often hired by attorneys representing spouses in divorce cases. He takes on the role of the mediator and helps to facilitate a resolution between you and the other party.
The Benefits Of Family Law Mediation
Mediation offers many benefits over traditional family law resolutions, which often take place in court. Here are some of the most common advantages:
- Mediation is more cost-effective: Going to trial is often very expensive and can sometimes take years to resolve. Mediation, on the other hand, allows for parties to settle their disputes much more efficiently, which means you’re not spending as much time or money on the process.
- Mediation is more confidential: Trials are public records, meaning your private details can be exposed during the proceedings. Mediation, however, is entirely private so you can discuss sensitive topics without fear of who may discover them.
- Mediation offers more control: When you go to trial, the judge determines the final decision on any issue. Instead, if you decide to use mediation, you and the other party have control over the outcome, as the negotiation and final settlement agreement are up to you.
- Mediation helps preserve relationships: In many family law cases, you may want to maintain a working relationship with the other party because of co-parenting or other reasons. As mediation prioritizes communication and minimizes conflicts, it often helps people preserve these relationships, whereas traditional litigation tends to break them.
Mediation may not work for everyone. Both parties must agree to the process before it begins, but if you’re unable to reach a final agreement, then the process dissolves and you or the other party are free to file a lawsuit instead. However, if you’re committed to mediation, you may be able to resolve your case within a matter of weeks and walk away feeling much more confident about your situation and your future.
What To Expect In A Family Law Mediation Session In Springfield, Oregon
Your first mediation session begins with introductions and a review of ground rules. The mediator explains the process and confirms confidentiality. You and the other party discuss your concerns while the mediator facilitates a productive conversation. Sessions may involve joint discussions or separate meetings with each party. Most families need multiple sessions to reach a complete agreement on all issues.
Types Of Family Law Cases Suitable For Mediation
Many families find mediation works well for resolving disputes without going to court. Mediation can help find solutions for many family law disputes, including:
- Divorce: Dividing assets, determining spousal support and finalizing all terms of dissolution
- Child custody and parenting time: Creating schedules that work for both parents and children
- Child support: Calculating fair payment amounts based on Oregon guidelines
- Modifications: Updating existing orders when circumstances change
- Post-divorce disputes: Addressing new conflicts that arise after your judgment becomes final
Working with a trained mediator allows you to maintain control over decisions that affect your family’s future.
Modifying A Family Law Agreement After Mediation In Oregon
Agreements reached through mediation may undergo modification if circumstances change substantially. You must file a motion with the court explaining the substantial change in your situation. Common reasons include:
- Income changes
- Relocation
- Shifts in parenting abilities
Oregon courts often encourage you to attempt mediation again before scheduling a hearing. The modification process may take several months, depending on the complexity of your case.
What Happens If Mediation Fails In Oregon?
If you cannot reach an agreement through mediation, you can proceed to court, where a judge will decide the disputed issues for you. Any agreements you did reach during mediation can still be incorporated into the final judgment.
You maintain your right to a full court hearing regardless of mediation outcomes. The court may schedule additional dispute resolution conferences before trial. Failed mediation does not negatively impact how a judge views your case.
Is Divorce Mediation Mandatory In Oregon?
Oregon requires parents in cases involving children to attend mediation orientation and may require attempting mediation before the court will hear parenting time disputes. Mediation is voluntary in the sense that you cannot be forced to reach an agreement.
Courts strongly encourage mediation and may order participation in good faith. Domestic violence situations may qualify for mediation waivers upon request to the court.
Schedule A Consultation With Our Family Law Mediator Today
If you are interested in resolving your family law issue through mediation, contact our Springfield firm today to learn more about how we can help.
Call us at 541-746-9621 or providing the information below to discuss scheduling an initial consultation