Who Goes to a Mediation & Who Makes the Decisions?
Who Goes to a Mediation?
Present at the mediation will be the parties and the mediator. If any party is represented by an attorney, that attorney can be in attendance or the party and his/her attorney can decide for the attorney not to attend but to be available for questions by phone.
If a party is represented by an attorney who is not present at the mediation, any agreement reached by the parties will be reviewed by the respective attorneys for signature before it becomes final. If attorneys are present at the mediation and an agreement is reached, the agreement can be signed by all parties at the mediation including the attorneys and immediately finalized.
It is possible to bring a support person to mediation if all parties are in agreement. All parties must agree because the mediation is a confidential process. Often a confidentiality agreement may be required.
Who Makes the Final Decision at a Mediation?
In a mediation, a decision can only made by agreement of all of the parties. The mediator does not make the decision. So, if all of the parties cannot agree upon a resolution, then there is no agreement, but the communication in the mediation is confidential.
Can the Parties Make a Decision that a Judge Could Not Order?
One advantage of a mediation is that the parties can make an agreement that a Judge could not order. A Judge must follow statutes when making decisions, but the parties can be creative and do what is best for them and their children.« Blog Home