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FAMILY LAW MEDIATION

                        Julie R. Colton, Esq.




 310 Grant Street
 1220 Grant Building
 Pittsburgh, PA 15219
 412-281-3007
 jcolton@vgslaw.us
WHAT IS FAMILY LAW MEDIATION?
 A process by which you and your spouse sit down
  with a neutral third party to identify issues, express
  individual objectives, develop and consider options
  and discuss resolution
 The goals of mediation is to manage conflict while
  creating recognition and empowerment.
WHAT IS FAMILY LAW MEDIATION
(CONT.)
 Support
 Custody

 Property Division

 Parenting plans

 College Education

 Life Insurance

 Pet Custody

 Estate Settlements
WHAT IS A MEDIATOR?
   A mediator is a neutral Third Party who will help facilitate
    communication between you and your spouse. A family law
    mediator will be either a trained mental health professional or
    an attorney.

    Rule 2.4 Lawyer Serving as Third-Party Neutral
    (a) A lawyer serves as a third-party neutral when the lawyer assists two or
    more persons who are not clients of the lawyer to reach a resolution of a
    dispute or other matter that has arisen between them. Service as a third-party
    neutral may include service as an arbitrator, a mediator or in such other
    capacity as will enable the lawyer to assist the parties to resolve the matter.
     (b) A lawyer serving as a third-party neutral shall inform unrepresented
    parties that the lawyer is not representing them. When the lawyer knows or
    reasonably should know that a party does not understand the lawyer’s role in
    the matter, the lawyer shall explain the difference between the lawyer’s role
    as a third-party neutral and a lawyer’s role as one who represents a client.
WHAT DOES A MEDIATOR DO?
 Educate about the law
 Facilitate communication between the parties

 Help the parties to “hear” each other

 Draft a non-binding Memorandum of Understanding

 Help brainstorm solutions
WHAT A MEDIATOR CANNOT DO
 Advocate for either party
 Practice Law

 Provide Legal Representation

 Give Legal Advise

 Draft Court Pleadings

 File your Divorce paperwork with the Court
HOW DOES MEDIATION WORK?
 Mediation is based on trust
 The parties must bring information with them

 The parties may rely on other professionals to
  assist with the process
 Mediator helps parties to get past positions
MEDIATION BASICS
 Litigation must stop
 Both parties must disclose all necessary and
  relevant information
 Mediation is confidential. The mediator will not
  testify in court or turnover her notes
 The mediator will inform of you what the outcome
  might be through the court process
 Attorneys are usually not present in family law
  mediation
MEDIATION AS A TOOL
Mediation is often utilized in conjunction with other
 professionals:
   Therapists
   Life Coaches
   Parenting Coaches
   Financial Planners
   Appraisers
  The other professionals are important to improve the
    outcome of mediation
BLIND SPOTS:
SEEING MORE THAN YOUR EYE DOES




        http://www.serendip.brynmawr.edu/bb/blindspot1.html
WHY YOU SHOULD CHOOSE MEDIATION
   Mediation is:
       Cost Effective
       Acknowledges emotions
       Brings awareness
       Empowering
       Move past positions to understanding
WHO SHOULD CHOOSE MEDIATION?
   People should use mediation if they are:
     Motivated to Mediate
     Self-Responsible
     Have a willingness to agree
     Have a willingness to disagree
WHO SHOULD NOT MEDIATE
 Couples with severe power imbalances (i.e.
  domestic violence)
 Couples who are not willing to disagree

 Couples where only one party is willing to mediate
JULIE R. COLTON, ESQ.
           Voelker & Gricks, LLP
              310 Grant Street
            1220 Grant Building
           Pittsburgh, PA 15219
                412-281-3007
             jcolton@vgslaw.us
               www.vgslaw.us

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Family Law Mediation Intro

  • 1. FAMILY LAW MEDIATION Julie R. Colton, Esq. 310 Grant Street 1220 Grant Building Pittsburgh, PA 15219 412-281-3007 jcolton@vgslaw.us
  • 2. WHAT IS FAMILY LAW MEDIATION?  A process by which you and your spouse sit down with a neutral third party to identify issues, express individual objectives, develop and consider options and discuss resolution  The goals of mediation is to manage conflict while creating recognition and empowerment.
  • 3. WHAT IS FAMILY LAW MEDIATION (CONT.)  Support  Custody  Property Division  Parenting plans  College Education  Life Insurance  Pet Custody  Estate Settlements
  • 4. WHAT IS A MEDIATOR?  A mediator is a neutral Third Party who will help facilitate communication between you and your spouse. A family law mediator will be either a trained mental health professional or an attorney. Rule 2.4 Lawyer Serving as Third-Party Neutral (a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter. (b) A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should know that a party does not understand the lawyer’s role in the matter, the lawyer shall explain the difference between the lawyer’s role as a third-party neutral and a lawyer’s role as one who represents a client.
  • 5. WHAT DOES A MEDIATOR DO?  Educate about the law  Facilitate communication between the parties  Help the parties to “hear” each other  Draft a non-binding Memorandum of Understanding  Help brainstorm solutions
  • 6. WHAT A MEDIATOR CANNOT DO  Advocate for either party  Practice Law  Provide Legal Representation  Give Legal Advise  Draft Court Pleadings  File your Divorce paperwork with the Court
  • 7. HOW DOES MEDIATION WORK?  Mediation is based on trust  The parties must bring information with them  The parties may rely on other professionals to assist with the process  Mediator helps parties to get past positions
  • 8. MEDIATION BASICS  Litigation must stop  Both parties must disclose all necessary and relevant information  Mediation is confidential. The mediator will not testify in court or turnover her notes  The mediator will inform of you what the outcome might be through the court process  Attorneys are usually not present in family law mediation
  • 9. MEDIATION AS A TOOL Mediation is often utilized in conjunction with other professionals:  Therapists  Life Coaches  Parenting Coaches  Financial Planners  Appraisers The other professionals are important to improve the outcome of mediation
  • 10. BLIND SPOTS: SEEING MORE THAN YOUR EYE DOES http://www.serendip.brynmawr.edu/bb/blindspot1.html
  • 11. WHY YOU SHOULD CHOOSE MEDIATION  Mediation is:  Cost Effective  Acknowledges emotions  Brings awareness  Empowering  Move past positions to understanding
  • 12. WHO SHOULD CHOOSE MEDIATION?  People should use mediation if they are:  Motivated to Mediate  Self-Responsible  Have a willingness to agree  Have a willingness to disagree
  • 13. WHO SHOULD NOT MEDIATE  Couples with severe power imbalances (i.e. domestic violence)  Couples who are not willing to disagree  Couples where only one party is willing to mediate
  • 14. JULIE R. COLTON, ESQ. Voelker & Gricks, LLP 310 Grant Street 1220 Grant Building Pittsburgh, PA 15219 412-281-3007 jcolton@vgslaw.us www.vgslaw.us