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Your Role in Mediation |
| You need to
decide what your areas of disagreement are, and
be willing to listen respectfully to the other
side's point of view. You need to work with the
other person on determining the best solutons. |
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 Domestic
Partnership Mediation is a process for
resolving conflicts in which the parties
involved in the dissolution of their
relationship mutually decide to meet with a
trained, impartial mediator to resolve their
dispute. The mediators at SDDM are family
law attorneys. The mediators do not decide
the outcome of the process, but rather help
the parties reach their own agreement on
issues of custody, support and/or division
of property. A Domestic Partnership
mediation agreement is reached when both
parties are satisfied with all of the terms.
REMEMBER THAT
BOTH PARTIES DO NOT HAVE TO AGREE TO THE
DISSOLUTION OF THE RELATIONSHIP IN ORDER TO
BENEFIT FROM THE MEDIATION PROCESS. If one
party is reluctant to proceed with the
dissolution of the Non-Marital Relationship
at this time, the initial agenda may be to
establish interim agreements for a trial
separation and a time frame to reconvene to
further evaluate the proposed dissolution.
After both
parties agree to participate in mediation,
the first session can be scheduled within
two weeks.
The role of
the Non-Marital Relationship mediator is to:
conduct a
process which assists the parties in
reaching mutually acceptable solutions;
provide
relevant legal information;
help
parties communicate productively on
difficult issues;
assist in
generating options for resolving problems
between parties;
assist in
crafting terms of an agreement which is
consistent with the principles of justice
and fairness; and
draft the
Memorandum of Agreements and file necessary
documents in accordance with the wishes of
the parties.
Mediation
sessions are informal but structured
discussions between two parties. Each
session is guided by the mediator. Both
parties are given the opportunity to speak
without interruption so that all issues
related to the separation are identified.
The mediator structures the discussion to
help clarify the issues and assist the
parties in moving toward an agreement which
is called a Memorandum of Agreements. We
recommend that both parties separately
consult with attorneys of their own choosing
for legal advice regarding any issue
addressed at the mediation sessions.
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