Family Mediation
Overview
Mediation is a cooperative problem-solving method, led by a mediator, who is a neutral, trained professional that assists the party in resolving disputes. The process of mediation provides an opportunity for family members to act as active participants in the process of establishing parental decision-making, residential placement of the children, parenting time, and financial divisions. Mediators work to reach agreements that balance the interests of the family members, while addressing the issues of anger, fear, disappointment, and more.
Lake County Local Court Rules require the parties in every family case where parenting issues are unresolved to participate in mediation, per rule 4-3.19. There is an exception to the mandatory mediation rule if the court finds an “impediment to mediation” exists. An impediment may include but is not limited to domestic violence or intimidation, substance abuse, child abuse, mental health, a cognitive impairment, or any other circumstance that prevents a party from negotiating safely, competently, and in good faith.
Process
In some cases, the court may refer the parties to meet with a volunteer mediator in the courthouse. Those services are available free of charge, but are limited in time and scope, and they are typically only available on a one-time basis. So, it is critically important that the parties participate in a meaningful way and make every effort toward settlement.
The court may also refer the parties to participate in mediation outside the courthouse. The referred mediator will be on the court-approved mediator list, and the parties will be responsible for payment of the fees directly to the mediator. Click the link to view the current list of court-approved mediators.
In the event that the parties are unable to reach agreement through participation in mediation, the unresolved issues will be returned to the court for hearing and determination.