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WHAT IS FAMILY MEDIATION?
Family mediation is a process of involving a trained person to assist people in voluntarily resolving their differences.
Often, conflicts are a result of poor communication, assumptions, and misunderstandings.
Mediation assists to stabilize families, to increase understanding, to improve communication and to improve their relationship.
The Center assists families in two ways:
- We work with parents who are no longer living in the same household to come to an agreement on how they can best care for their children.
- We work with parents and their children to develop agreements to reduce conflict in the home.
HOW LONG DOES MEDIATION TAKE?
For most families, the work can be accomplished in no more than three one hour sessions, depending on the conflict.
HOW DOES MEDIATION WORK?
After you have been referred or contacted the Mediation Center, you will talk with the office staff who will explain the mediation process and answer any questions you may have. A mediation is then scheduled.
- As parents, you will explain to the mediator your concerns.
- The emphasis is on how to improve the situation, not to make accusations or place blame for what may have happened in the past.
- Mediation focuses on how to make things better in the future.
- When as parents, you have agreed on your needs, the mediator helps you to determine what you are ready, willing and able to do together.
- The mediator helps you to look at all the possibilities and encourages communication and cooperation with each other so that your children receive the best care that you can give.
WHY CAN'T THE COURTS JUST DECIDE?
The Court is required by law to make decisions when the parents cannot.
The Court recognizes that the very personal decisions that must be made for the children are best made by the parents.
WHAT GOES INTO THE AGREEMENT?
A memorandum of understanding, or agreement, is written by the mediator. The general areas addressed are:
- Times that each parent will spend with the children, including holidays and vacations.
- Responsibility for decisions about medical, dental, and other professional treatment.
- Responsibilities for decision about educational issues.
- Religious issues.
- Contact with extended family.
- Other concerns which are important to your family.
The result is an agreement that includes what you, as parents, have decided you will do to make the best possible life for your children.
WHAT HAPPENS TO THE AGREEMENT?
The mediator will write up the agreement, and you will both sign it.
Your attorneys will review the agreement to then file it with the courts.
Each participant will get a personal copy.
WHAT IF WE CANNOT AGREE?
Mediation is hard work. Sometimes parents cannot agree on all issues in spite of their own efforts, and those of the mediator. When this happens, a partial agreement is prepared. The issues, which could not be decided, are presented to the Court for its decision. If no agreement is reached, the mediator advises the Court and the attorneys. The mediator is not permitted to tell the Court why the participants could not agree, so your case will not be prejudiced.
IS MEDIATION CONFIDENTIAL?
Mediation is confidential.
The mediator makes no recommendations to the Court but only informs the court whether an agreement was reached.
The parents may not call upon a mediator to be a witness in Court.
Only if there is evidence of neglect or abuse would a mediator be required to report.
If you are a mother or father in a divided family and are experiencing difficulty in working with the other parent, or would like to improve your relationship with your child, The Community Mediation Center of Stark County will assist you.
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