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What is Family Mediation?

Family mediation is a voluntary and confidential process in which individuals engage in constructive negotiations facilitated by a registered domestic mediator to amicably resolve their disagreements within the Indiana Alternative Dispute Resolution (ADR) rules. It allows both parties to work together to create a legal, binding agreement rather than receiving a court-ordered decision.

If children are involved, a domestic mediator can assist parents in creating a new cooperative parenting agreement for the benefit of their child(ren).  Domestic mediators can also assist with division of property and assets, child support, as well as issues regarding elderly or disabled family members.

How Does Family Mediation Work?

Mediators help identify and prioritize specific family issues that need to be resolved. They facilitate discussions within the Indiana ADR rules with the goal of all parties coming to a mutually beneficial agreement. 

Once an acceptable agreement is reached, a mediator prepares a draft for both parties to review, revise and sign. The final agreement is then filed with the court.

Divorce Mediation

Divorce mediation is an opportunity to make the greatest attempts at keeping your divorce proceedings civil. Mediation means that YOU are making decisions, not a third party. It also allows you to make thoughtful decisions about your personal finances and it costs significantly less than traditional court proceedings.

Divorce mediation can begin before or after the divorce has been filed with the court. In the state of Indiana, there is a 60-day minimum waiting period after the initial filing for a dissolution of marriage to become final. 

During the waiting period, divorce mediation can proceed to address all necessary matters such as division of property and assets, child support, and parenting plans (as applicable). The final terms of the Marital Settlement Agreement must pass judicial approval.

Parenting Plans

Parenting plans can be addressed within the dissolution of marriage proceeding, after the dissolution of marriage, or between individuals who have never married.  

When serious parenting issues arise, mediation can be used to create a new parenting plan or to modify an existing parenting plan that better fits everyone’s needs. 

Parenting plans within mediation affords you the opportunity to have a trial basis of a plan and make changes with minimal disruption when both parties are amicable.

Why Choose Mediation Over Court?

AffordableAverage $20,000 per person and up A fraction of the cost of litigation
QuickerAverage resolution is a yearResolution as short as 3 months
 Confidential Hearings and testimony are public record Negotiations are private
 More ControlJudge makes final decisions
 Parties come to a mutual agreement

Questions and Answers

Q: Can we still mediate if the case has already been filed?
A: Yes. Parties can still agree to mediate after filing.

Q: How is mediation more affordable and quicker than litigation?
A: Mediation is typically more efficient than litigation because the costs and scheduling requirements of litigation such as discovery, depositions, and motions can be reduced.

Q: Do I need an attorney for mediation?
A: No, but as a neutral party the mediator does not provide legal advice.

Q: Does my attorney need to be present at mediation?
A: The parties and their attorneys must be present at all mediation sessions unless otherwise agreed.

Q: How successful is family mediation?
A: The success and compliance rates for mediated agreements are much better than litigated decisions. However, success in mediation requires both parties to negotiate in good faith.

Schedule a Free Consultation

If you would like to learn more about Family and Divorce Mediation in Indiana, please book an appointment to schedule your no obligation phone or video consultation with Genesis Mediation of Indiana.

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