Family Law and Mediation

Family Law

(Version 040707a)

Dibble & Miller, P.C. offers a highly experienced and compassionate family-law staff dedicated to working through difficult times with our clients.

The firm's family law practice covers all aspects of family-related and domestic-relation issues.

No other area of the law encompasses to such an extent the day-to-day lives of so many people of all social and economic classes.

Family and Domestic Relation Possible Issues:
● Marriage and Divorce	● Father’s Rights
● Adoption	● Grandparents' Rights
● Pre- and Post-Nuptial Agreements	● Foster Care
● Domestic Violence	● Spousal Support and Maintenance *
● Restraining Orders	● Parent-Child Issues
● Legal Separation	● Custody and Visitation
● Termination of Parental Rights	● Child Support
● Living Together	● College Expense Payment
● Owing Property Jointly when Not Married	● Property Division (Assets & Liabilities)
● Paternity and Paternity Testing	● Emergency Relief
* Spousal Support and Maintenance was formerly called Alimony

Long years of experience have taught us, at Dibble & Miller, P.C., that vigorous goal-driven representation is the most efficient method of relieving our clients of the stress associated with these situations so that they will be able to continue to deal with other aspects of their lives, even in the toughest of times.

Mediation — Summary of Firm's Services

Mediation can be an effective tool to resolve issues such as: separation, divorce, domestic abuse, custody, visitation, parenting, parent-teen, life partner, and family financial issues.

What is Mediation? Mediation is a process in which an impartial third party, referred to as a mediator, assists in the resolution of disputes by working with the parties involved to help them reach voluntary agreements. Mediation can be a valuable tool in any area of dispute and can greatly assist parties involved in family-law related disputes. When the costs of mediation are shared between the parties, mediation becomes individually an inexpensive method to resolve family-law related disputes.

When parties are separating, divorcing or interacting after a separation or divorce, there are many decisions that need to be made to enable these parties to make a harmonious adjustment to a new way of life. These include distribution of joint or marital assets; parenting issues; where the child or children will reside; shared decision-making for the benefit of the children; financial support of the children; and issues involving the continuing financial health and viability of each of the parties and their respective households.

What Mediation is Not? Family mediation is not a substitute for the need for participants to obtain independent legal advice, counseling or therapy. Family mediation is not marriage counseling. The primary goal of the mediator is to assist the parties in reaching a peaceful resolution of conflict, and not to restore or rebuild the marriage.

What are the Benefits of Mediation and Will it Benefit Me and My Family? It is difficult for parties involved in a family dispute to settle the dispute and simply walk away from each other. Often, there are children or financial constraints that continue to tie the disputing parties "together" for a number of years. When parties turn to the legal system for assistance in settling their disputes, they are primarily relying on their attorneys and the court system to negotiate for them and/or to make decisions for them. Many times these same parties may find themselves back in court on successive occasions because they have never learned how to resolve disputes between themselves. This is a costly process, both in terms of monies expended as well as the emotions that are invariably brought to the forefront.

By working with each other with the assistance of a mediator, the parties may learn how to resolve both today’s issues and those that may arise in the future. They may be able to increase their input on decisions affecting their lives and the lives of their children, and they may also be able to reduce both the economic and emotional costs associated with the resolution of family disputes.

Mediation, which does not result in a Separation Agreement, is still worth the time and expense because usually some issues are resolved and unresolved issues are identified. And, since there is no attorney expense involved in the mediation process, the cost to go through the mediation process, even one that does not result in a Separation Agreement, is usually far less than if attorneys had been involved from the start. In other words, mediation is usually worth trying because the parties almost always become educated about the issues or obtain beneficial information justifying the effort and expense.

Studies have shown that children may not be negatively impacted by being raised in a two household situation, but that as conflict increases between the parents, the negative impact on their children increases. When parties are able to sit and discuss issues in a rational fashion without attorneys or the court system involved, the possibility that their issues can be resolved in a mutually satisfactory manner increases greatly.

What are the Requirements for Mediation? The parties do not need to be the best of friends or on the best of terms to mediate an agreement. All that is required is the parties’ willingness to discuss issues (with the assistance of a neutral third party, who is the mediator) that need to be decided in an attempt to settle those issues.

May Independent Counsel be Used? If parties have legal questions during mediation, or before entering mediation, each may seek legal advice from his or her own attorney. The involvement of attorneys does not preclude the commencement or continuation of mediation. At the conclusion of the mediation, the mediator will suggest that each party return to their independent attorneys to review any proposed Separation Agreement.

What is the Mediation Process? In mediation, the parties and the mediator will discuss and hopefully reach agreement on all issues that should be included in a Separation Agreement. The mediator will guide the parties in the areas that should be resolved and will be able to offer valuable insights and alternatives and, although not an attorney, the mediator will also have access, at no additional charge, to legal information through Dibble & Miller, P.C., which information may be helpful to the parties.

Dibble & Miller, P.C. offers mediation in a law firm setting. This is a benefit to the parties because the mediator has available the full resources of the law firm at no additional charge to assist the mediator in the mediator's efforts to resolve the parties' disagreements. It is important for the parties to realize that the mediator will work only with both parties, and will not offer legal advice to either party separately, but rather any such information will be given to both parties, jointly. Either party can confer with his or her own separate attorney during the mediation process.

Mediators are trained in conflict resolution and will work with the parties to resolve any impasse that may be encountered by the parties. While the parties may see an impasse as an insurmountable obstacle toward reaching agreements, the mediator may help them to recognize an impasse as a possible opportunity to emerge with a better and more workable understanding.

Because the mediation will take place at Dibble & Miller, P.C., where the attorneys are available to the mediator at no additional charge, the parties will be provided at the end of the mediation with a proposed Separation Agreement. The parties will each meet with the mediator to review the agreement, and if it meets with each party's approval, the mediator will provide a copy of the proposed Separation Agreement to the attorney that each party selects. Each party may retain an attorney (other than an attorney at Dibble & Miller, P.C.), for the purpose of reviewing the agreement in order to be sure that they are fully informed of their legal rights and obligations and fully understand the terms of the proposed Separation Agreement prior to signing it. By requiring each party to consult with a separate attorney, and to acknowledge that each party has been fully and independently advised of his or her rights and obligations, each party will have assurance that the agreement, when signed, will be a binding legal agreement and will reflect their desired resolution. If either party does not have an attorney, the mediator will recommend one if requested to do so.

Can the Mediation Process be Terminated? As with any process, there is no guarantee that all parties entering mediation will reach a satisfactory agreement. There are parties who will require strong advocates if they are unable to speak or stand up for themselves, and for these individuals the court system may be more appropriate. In this regard, the mediator will advise the parties if the court system is more appropriate to resolve their dispute because one of the parties is unable to sufficiently advocate his or hers interests or one of the parties is unreasonably advocating for his or her interests (for example, being a "bully" or being abusive). However, in such a situation, the mediator will attempt to mediate the conflict of the parties in order to avoid the necessity of litigating in court.

When mediation is conducted at Dibble & Miller, P.C., the mediator will seek to achieve equitable results for the parties, not just a resolution. This is an important part of mediation at Dibble & Miller, P.C. because there are mediators who simply seek to reach agreement between the parties, whether or not it is fair or equitable to both parties. At Dibble & Miller, P.C., if the mediator comes to the conclusion that a proposed resolution of the mediation is not fair or equitable, than the mediator will point this out to the parties and, if it cannot be resolved, the mediation will be terminated.

If the parties feel that mediation is not beneficial to them, either party may at any time pursue other avenues to resolve their issue. When a mediator is retained at Dibble & Miller, P.C., there is no large retainer paid "upfront", as there would normally be when an attorney is retained. As a result, terminating the mediation is much less costly than terminating an attorney. Moreover, when an attorney is retained to handle a family law matter, and a retainer is paid, a considerable amount of the retainer may be spent rapidly by the attorney handling such matters as legal research, reviewing files, contacting adverse counsel, attending court conferences, etc. By contrast, during the mediation process, and up to the drafting of the Separation Agreement (which is usually done on an agreed fixed fee basis rather than an hourly rate) all of the funds spent with the mediator are spent at meetings with the mediator. As a result, the parties know exactly how much each session will cost them, so that if termination of the mediation is appropriate, the cost can be easily determined and controlled.

What Will Mediation Cost? Mediation services are billed on an hourly basis, based on time spent in mediation with the parties and also time spent in drafting the Separation Agreement. Time spent on drafting the agreement is also billed on an hourly basis, and a fee is mutually agreed upon before the written agreement is drafted. The mediator will discuss this with the parties before the agreement is drafted.

Mediation is generally conducted in two-hour sessions, with fees being paid at the end of each session. We encourage the parties, if possible, to divide the cost of mediation so that each party is committed to the continuation of the process.

Personal Communications with the Mediator. The parties shall not communicate or meet individually with the mediator concerning matters in mediation unless the parties and the mediator agree in advance that such communication might prove helpful in the resolution of issues being mediated.