Navigating Mediation in Kentucky Family Court: What to Expect

If you've just learned your divorce or custody case is headed to mediation, you probably have some questions. "What is mediation, exactly? What should I expect? How do I even prepare?"

 

These are common questions, and I hear them a lot from my clients. So, let's break it down. Note, this post will cover the first two questions – what mediation is and what to expect. I'll dive into how to prepare for mediation, but in a separate post.

 

What is Mediation?

Mediation is a way to try and resolve a dispute outside of court. It's an alternative to having a judge make all the decisions in your case. 

• Traditional Dispute Resolution: In court, a judge listens to evidence and applies the law to make decisions. This can be time-consuming, expensive, and unpredictable.

• Mediation as an Alternative: In mediation, you and your spouse/co-parent, along with your attorneys, choose a neutral third party – the mediator. 

• Mediator's Role: The mediator works with both of you to find common ground and reach a compromise. 

• Key Difference: The mediator doesn't make decisions. You and your spouse/co-parent make the final decisions on the basis of compromise, with advice from your attorneys and support from the mediator.

What to Expect at Mediation

Mediation is less formal than court, but it’s still a serious and important process. 

• Setting: Usually takes place in an office, not a courtroom. No judge is present. 

• Participants: Typically, the spouses/parents, their lawyers, and the mediator are the only participants.  Third parties are generally not permitted to participate. And, unlike Court, the session will not be open to the public, either. 

• Process:

• Separate Rooms: Most mediators in this part of Kentucky meet with each spouse/parent (along with their attorney) individually, in separate rooms. Most of the time, you will not be in the same room as your spouse/co-parent. 

• Mediator's Role: The mediator shuttles between the rooms, facilitating communication and exploring options for solutions. 

• Downtime: Expect some waiting time while the mediator is with the other party. This is a perfect chance for you and your attorney to review and update strategy. 

• Individual Sessions: 

• Questions: The mediator will ask questions to understand areas of agreement and disagreement.

• Explanations: Be prepared to explain the facts, reasons, and legal points that support your position. 

• Challenging Questions: The mediator may challenge you to consider the weaknesses in your case and the strengths of the other side's case.

• Honesty: Be prepared for frank conversations, even about difficult or personal issues. 

• Time Commitment: 

• Length: Mediation can take several hours. Plan accordingly (e.g. time off work, arrangements for child pick-up or child care).

• Multiple Sessions: Some families need multiple sessions, especially to separate child-related and financial matters.

• Patience: Be prepared to invest time and real emotional energy. 

• Written Agreement: 

• Purpose: If you reach a compromise, you'll typically sign a written agreement outlining the terms. 

• Enforceability: This agreement is binding and can be enforced by the court. 

Conclusion

Most divorce and custody cases are settled out of court through mediation. If you approach this process with an understanding of what to expect, and with good preparation (which I’ll cover in a separate post), you'll increase your chances of a successful outcome.

 

Disclaimer: This article is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.