The Mediation Process

The Mediation Process

Mediation produces better outcomes by empowering participants control the terms of their divorce or separation agreement. Mediation is a voluntary and confidential process. A neutral third person serves as a mediator to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and non-adversarial. Mediation is not therapy or counseling, although parties in mediation sometimes decide to seek counseling support. A Mediator’s objective is to help the disputing parties reach a mutually acceptable, voluntary agreement that can be enforced later.


In mediation, as compared to arbitration or trial, decision-making authority rests with the parties. You decide, not a judge.


Fighting hurts children.  Mediation can help parents create Parenting Plans to set clear expectations regarding timesharing, decisions and support. By reducing conflict between parents, mediation allows children to better adjust to the changes brought on by divorce and separation.  Our mediators work with families to reach agreements that focus on the needs of the children and develop positive Parenting Plans that prioritize the best interests of the family.


Online mediation is convenient and has been extremely successful through Zoom. Research supports the efficacy of online dispute resolution.  At this time, we are meeting clients both in-person and online.  We want our clients to feel comfortable and safe so they can make rational, well-informed decisions.  You tell us if you prefer to meet in-person or online.


Flat Fee Mediation is now available for clients who would like to secure three (3) hours of mediation in order to see if the process is right for them.  If both parties want to continue the mediation after three (3) hours, additional fees will apply.  Call us to find out if flat fee mediation makes sense for your family.


Divorce 101: Joint Educational Meetings. You and your spouse pay a $200 flat fee to spend up to ninety (90) minutes with a neutral mediator to learn about the relevant law, divorce process options, and path to an uncontested divorce by affidavit.  Get educated so you can both move forward together in a fair, fast, and respectful manner. 


Co-Parenting Meetings.  Need to decide which summer program or extracurricular activity to sign the kids up for?  Spend up to three (3) hours with a child-focused mediator and your co-parent to work through these issues in an amicable, respectful, and thoughtful manner with a focus on developmentally appropriate choices for your child or children.  Your kids deserve this.


"Empirical evidence consistently points to parental conflict as the factor that most consistently predicts maladjustment among children whose parents have separated or divorced."


Robert E. Emery, Renegotiating Family Relationships: Divorce, Child Custody, and Mediation. New York: The Guilford Press (1994), p. 13.


BEYOND MEDIATION:  Other Alternatives to Litigation

Every family is different.  There is no on-size-fits-all solution to family conflict.  We strive to meet each family's specific needs.  The following dispute resolution processes are available to support child-focused parenting and ensure efficient conclusions to conflict. 

PARENTING COORDINATION

Parenting coordination is a hybrid legal-mental health role that combines assessment, education, case management, conflict management, dispute resolution and, at times, decision-making functions. It is appropriate when parents are unwilling or unable to jointly make parenting decisions, communicate effectively, comply with parenting agreements and orders or shield their children from the toxic impact of conflict

ARBITRATION - PRIVATE JUDGING

Hawai'i law allows parties to select a neutral arbitrator to act as a "private judge" to more efficiently bring closure to families in conflict.  The goal of arbitration is to provide parties with a decision that is earlier, faster, less formal and less expensive than a trial. Arbitration involves submission of a dispute to a neutral arbitrator who renders a decision after hearing arguments and reviewing evidence. It is usually less rigidly structured and can be concluded more quickly than formal court proceedings.

COLLABORATIVE LAWYERS

Both parties agree to hire collaborative lawyers to represent them.  Collaborative lawyers are NOT allowed to litigate a divorce or custody case.  Collaborative lawyers negotiating settlement may recommend support services from a child development specialist, family or individual therapists, business or property appraisers, financial planners, or others with substantive expertise.  Each family can layer on additional services as needed.  If settlement talks fail, then the parties must hire new attorneys.

Share by: