What to Expect at Mediation

Mediation is a common step in Kansas family law cases, offering a structured environment where parties can resolve disputes without the need for a lengthy court battle. Whether you’re dealing with divorce, child custody, or another family-related issue, Attorney at Law Joseph A. DeWoskin, P.C. agrees that understanding what to expect at mediation can help you feel more prepared and confident. This blog will guide you through the mediation process in Kansas, including the roles of the mediator, the structure of the sessions, and how to approach negotiations.

The Role of Mediation in Kansas Family Law

Mediation is an alternative dispute resolution method that allows parties to negotiate and reach agreements with the help of a neutral third party, known as the mediator. In Kansas, mediation is often used in family law cases to help resolve issues like property division, child custody, and spousal support.

Why Mediation Is Important

Mediation offers several benefits, particularly in family law cases. It’s generally less adversarial than going to court, which can help preserve relationships and reduce the emotional stress involved in legal disputes. Mediation also tends to be quicker and less expensive than a full trial, making it an attractive option for many families.

In Kansas, courts often encourage or require mediation before a case can proceed to trial, especially in matters involving children. The goal is to find mutually agreeable solutions that are in the best interests of everyone involved, particularly the children.

The Mediation Process: What to Expect

The mediation process in Kansas follows a structured format designed to facilitate productive discussions. Knowing what to expect can help you manage each stage of the process more effectively.

1. Initial Consultation and Selection of a Mediator

The mediation process typically begins with an initial consultation, where the parties discuss the issues that need to be resolved and select a mediator. In Kansas, mediators are often family law attorneys or professionals with training in mediation and conflict resolution.

During the initial consultation, the mediator will explain their role and the rules of mediation. This is also the time for the parties to ask any questions they may have about the process. The mediator’s role is to remain neutral, facilitating discussions without taking sides or making decisions for the parties.

2. The First Mediation Session

The first mediation session is usually an opportunity for both parties to outline their positions and discuss the issues at hand. In family law cases, this might include discussions about property division, child custody arrangements, or financial support.

The mediator will help guide the conversation, encouraging both parties to express their concerns and priorities. This session is typically more exploratory, allowing each side to understand the other’s perspective.

During this session, the mediator may also help identify areas of agreement and disagreement, setting the stage for more focused negotiations in subsequent sessions.

3. Negotiating Agreements

As mediation progresses, the focus shifts to negotiating specific agreements. This is where the parties work together to find solutions that meet their needs and the needs of their family. The mediator will facilitate these discussions, helping to keep the conversation constructive and on track.

It’s important to approach these negotiations with an open mind and a willingness to compromise. Mediation is most successful when both parties are willing to work toward a solution rather than holding firm to their initial positions.

The mediator may suggest creative solutions or offer insights based on their experience in family law. However, the final decisions are made by the parties, not the mediator.

4. Drafting the Agreement

Once the parties reach an agreement on all the issues, the mediator will help draft a written agreement that outlines the terms of the settlement. This agreement will then be reviewed by both parties and their attorneys if they have legal representation.

In Kansas, the agreement reached in mediation can be submitted to the court for approval. Once approved, it becomes legally binding, just like a court order. This means that both parties are required to adhere to the terms of the agreement, and failure to do so can result in legal consequences.

How to Prepare for Mediation

Preparing for mediation is key to achieving a successful outcome. By taking the time to gather information, clarify your goals, and approach the process with the right mindset, you can increase the likelihood of reaching an agreement that works for everyone.

Gather Necessary Information

Before mediation begins, it’s important to gather all relevant information related to the issues being discussed. In family law cases, this might include financial documents, property valuations, or information about the children’s needs and schedules.

Having this information on hand will help you make informed decisions during negotiations. It also allows you to present your case more effectively, supporting your position with concrete evidence.

Define Your Goals and Priorities

It’s also important to define your goals and priorities before entering mediation. Think about what’s most important to you and what you’re willing to compromise on. For example, in a divorce mediation, you might prioritize keeping the family home, while being more flexible on other financial matters.

Knowing your goals will help you stay focused during negotiations and avoid getting sidetracked by less important issues. It also gives you a clearer sense of where you might be able to find common ground with the other party.

Keep an Open Mind

Mediation is a collaborative process, and it works best when both parties are willing to approach it with an open mind. Be prepared to listen to the other party’s perspective and consider solutions that you might not have initially thought of.

Remember, the goal of mediation is to find a solution that works for everyone, not to “win” the negotiation. By staying flexible and open to new ideas, you’re more likely to reach an agreement that meets your needs and the needs of your family.

What Happens If Mediation Fails?

While mediation is often successful, there are cases where the parties are unable to reach an agreement. If mediation fails, the case will proceed to trial, where a judge will make the final decisions on the disputed issues.

Preparing for Trial

If your case goes to trial, it’s important to be prepared. This means working closely with your family law attorney to gather evidence, prepare witness testimony, and develop a strong legal strategy.

The trial process can be lengthy and expensive, and it’s often more adversarial than mediation. However, in some cases, it may be the only way to resolve the issues at hand.

Revisiting Mediation

In some instances, the parties may choose to revisit mediation at a later stage in the process, even after a trial has begun. This can be particularly useful if new information comes to light or if the parties’ positions shift over time.

Revisiting mediation can offer a way to resolve the case without the need for a full trial, saving time and reducing conflict.

Mediation is a valuable tool in Kansas family law cases, offering a less adversarial and more cost-effective way to resolve disputes. By understanding the mediation process and preparing effectively, you can increase your chances of reaching a successful outcome that meets your needs and the needs of your family.

Whether you’re dealing with divorce, child custody, or another family law issue, mediation provides an opportunity to find mutually agreeable solutions in a supportive environment. If you’re facing a family law dispute, consider the benefits of mediation and how it can help you manage this challenging time with greater ease and understanding.

Speak to a Family Law Attorney

Are you interested in arranging a mediation? If so, contact the office of Joseph A. DeWoskin, P.C. Attorney DeWoskin comes from a military background and as such, is ready to fight fiercely to defend your rights. However, as he focuses on strong relationships with clients, he also strives to build good working relationships with opposing counsel. 

While some law firms go for the "pit bull" approach, he likes to think of his firm as being closer to golden retrievers. Throughout his extensive trial experience, we have found that when opposing attorneys get along well inside and outside the courtroom, everyone's best interests are served. When you need compassionate but firm representation, contact Attorney DeWoskin today. He serves Kansas City, Kansas as well as Johnson, Leavenworth, and Wyandotte counties in Kansas and Jackson, Cass, Clay, and Platte counties in Missouri.