Mediation – Zukowsky Law LLC

Ohio Mediation Law

Many people assume that legal disputes will ultimately result in lengthy court battles that involve substantial amounts of time and financial investment. Fortunately, there are alternative methods available for those who can commit to transparent communication and peaceful negotiation. The process of mediation offers individuals and families a valuable opportunity to negotiate key issues of their divorce in a more amicable and cooperative environment.

At Zukowsky Law, our team of experienced Ohio mediation lawyers are dedicated to helping families resolve disputes and pursue divorce through mediation. Through our services, we have helped numerous Ohio families navigate legal issues peacefully and amicably, thus avoiding costly and time-consuming court proceedings.

What Is Mediation?

Mediation is the legal process of facilitating communication and negotiation between two or more parties to help reach a voluntary agreement regarding a dispute. In Ohio, the mediation process is governed by Chapter 2710 of the Ohio Revised Code, known as the Uniform Mediation Act.

While mediation is a structured process that follows specific guidelines, it is not quite as formal as a trial or court proceeding. During the process, all conversations and decisions are confidential and non-binding until a mediation report is generated to serve as a final binding agreement. Mediation can either be ordered by a judge or all parties involved can agree to use mediation to resolve their issues.

As it pertains to divorce, mediation can be used to resolve key issues related to the end of a marriage. Through the mediation process, you and your spouse have the opportunity to identify workable options that are acceptable for your family. Mediation is an ideal option for couples who have been separated for a length of time and have allowed the emotional tension associated with the divorce to dissipate. Mediation is also an ideal option for couples that are able to communicate effectively and are willing to cooperate to resolve the issues pertaining to their divorce.

What Is the Role of a Mediator?

During mediation, a professional mediator is present to conduct and oversee the process. The mediator is a neutral and unbiased third party. They do not act as a judge or decision-maker during the mediation process. Rather, they listen carefully and help both parties focus on the relevant aspects of the situation in order to resolve the key issue or issues.

Importantly, the mediator will provide an open forum for both parties to air their grievances and creatively strategize to form an agreement that benefits them most fully. A mediator may also provide necessary resources to establish an agreement or refer the parties to other sources of support, if appropriate.

How Does the Mediation Process Work?

While the mediation process is generally informal, there are legal guidelines that must be met when conducting mediation in Ohio. The mediation process follows certain steps to facilitate the process. These steps include:

The parties, along with their Ohio mediation lawyers, agree to utilize mediation in front of the mediator of their choice.
A mutually agreed-upon mediator is contacted to facilitate the process along with a formal request to initiate mediation.
The mediator will coordinate and schedule the initial mediation session, setting forth their guidelines and requirements in their correspondence.
Mediation sessions will be conducted until the parties can reach an agreement.
Once an agreement is reached, the mediator will ask the parties and their legal representative to sign a mediation report that confirms the agreement.

It should be noted that many couples require more than one mediation session before an agreement can be reached. This is perfectly understandable and acceptable, particularly if complex issues are present or if child custody and support must be determined.

How Should I Prepare for Mediation?

It is important to note that if you have concerns regarding threats or coercion from your spouse, these issues must be voiced before the mediation sessions. The safety of you and your children is paramount, and if you feel you are in danger, contact the Ohio authorities or the National Domestic Violence Hotline at (800) 799-7233.

If you are not in any danger, and are ready to proceed with mediation, there are steps that can be taken to prepare for your mediation session. Consider visiting with your family law attorney to understand which documents and information will be necessary to bring to your mediation session. Failing to have the appropriate information or evidence on hand can result in delays during the mediation process, forcing you to reschedule your session. Moreover, it can be beneficial to have conversations with your legal counsel regarding your goals and objectives as well as any potential weaknesses in your position regarding certain areas of your divorce. This information will be helpful during negotiations and is key to determining how any offers will be evaluated during the mediation.

It is possible to conduct the mediation process without meeting face to face with the other party involved. This can help save a great deal of stress and ensure that negotiations can proceed peacefully and benevolently.

What Happens If an Agreement Cannot Be Reached During Mediation?

In some cases, an agreement cannot be reached through mediation. If issues cannot be resolved through direct communication between you and your spouse, or through negotiations with your attorneys, a judge may be called upon to make decisions regarding your divorce. In these situations, your case will return to the court’s regular schedule.

Furthermore, it is not always necessary to settle all issues of the divorce case. Partial settlements can be reached, and mediation can be rescheduled to renegotiate the remaining issues. Alternatively, the court can be called upon to make decisions regarding the unresolved issues leftover from mediation. As such, mediation is highly flexible and adaptable, making it a favorable option for many couples.

How We Safeguard your Family

At Zukowsky Law, our experienced mediation lawyers have worked alongside numerous families to pursue mediation and reach agreements regarding the terms of their divorce. Through our comprehensive and compassionate services, we represent the interests of our clients and uphold their rights at every step of the process.

Drawing on our years of experience and breadth of knowledge, we are able to successfully facilitate fair and productive mediation for our clients. To learn more about how we can help, consider speaking with an experienced Ohio mediation lawyer at Zukowsky Law at (216) 800-5529 today.