Facilitative Mediation

Elizabeth is trained in both family and civil mediation. She uses a process called “Facilitative Mediation.” This modality is used to assist Parties in settling their divorce with minimal conflict. Facilitative Mediation typically consists of a series of mediation sessions, either jointly or individually with the Parties, and they are held face-to-face or virtually.  Parties report that they often feel that this method translates into feeling more empowered in navigating towards a mutually agreeable settlement, with each Party having ongoing opportunities to express their feelings in an open and neutral forum.  Facilitative Mediation builds relationship between both the mediator and the parties involved.  It’s through the Parties’ and mediator’s reliance on this relationship triad that breakthroughs can be made and agreements can be memorialized. Parties often report that they feel that mediation creates a safe space where they can voice their opinions, feel heard, and assimilate areas of conflict and areas of congruence.

Faciliative mediation can be a powerful turnkey towards dispute resolution.  Elizabeth often employs illustrations, real-time reporting and analysis, along with sharing potential outcomes and solutions that one or both Parties may be considering.  In certain circumstances, it is important for each Party to consider how the Court may perceive issues.  Although no mediator can provide legal advice, Elizabeth can and does use her background and experience to educate Parties.  If warranted, Elizabeth may also meet separately with each Party, so that time can be privately spent assimilating all the factors that may contribute towards a specific position or option.

Ideally, through the process of mediation, Parties transform from a purely positional framework, to Parties that can be present to their partner’s needs and wants and, through informed decision-making and the mediation process, are able to to dwell in a more open space, & maintain an ongoing awareness that resolving a conflict outside of Court is generally in both Parties’ best interests.  Ultimately, the skill-set of an experienced mediator is to employ the type of mediation style which is most likely to produce positive results.  

Question: Should we retain counsel before or during mediation?

Answer: The best answer is, it depends. Some couples “self-sort,” in-so-far as they are drawn to mediation as potential remedy to retaining counsel. It’s incumbant upon an experienced mediator to discern, ideally at the outset, whether they believe that a particular couple is well-suited for mediation without the ongoing support of legal counsel. Other couples come to an initial consultation with significant ambiguity about this important decision. The choice to retain counsel during mediation is an important decision. Elizabeth works with couples considering mediation to determine what type of mediation may be most effective. She attempts to arm couples with appropriate education so that they can make an informed decision.

Question: Can I retain counsel later? If I need it?

Answer: Elizabeth uniformly articulates the potential benefits of Parties seeking legal counsel and how legal counsel can serve as an important facet of mediation. That said, she wholly respects couples who choose an attorney-free mediation process. While it is almost always preferable for Parties to retain counsel before, or at the beginning of mediation, Parties are always welcome to seek the advice of legal counsel at any point during mediation. In fact, if at any point during mediation she believes it may prove useful, Elizabeth may suggest that “now” may be a good time for one or both Parties to seek legal counsel, based upon her belief that one or both Parties obtaining another professional voice may assist in moving the mediation process forward.

Question: How do I know if mediation is right for me?

Answer: Elizabeth is a passionate advocate for educating prospective clients. This includes reviewing the various mediation modalities (mediation without legal counsel, mediation with counsel, collaborative mediation, etc.), what they might expect in each method, the differences in cost, and answer any questions that a prospective couple may have.

Question: Can Elizabeth finalize our divorce in Court?

Answer: Elizabeth’s role is to guide Parties through the entirety of items that they will need to address in order for a legal professional to craft the necessary documents that will ultimately be served to the Court for processing. These include, but are not limited to, a property settlement agreement, a parenting plan, a qualified domestic relations order (or QDRO), etc.. When mediation is complete, Elizabeth and the Parties will execute a Memorandum of Understanding, which serves a number of purposes; it serves as a binding contract, it contains all the facets that a drafting attorney or legal professional (such as an LLLT) will need to submit to the Court, and it ultimately serves as the template for all pleadings that will, in turn, become Court orders that finalize a couple’s divorce . Elizabeth, as a part of her practice, holistically coordinates with a curated list of allied professionals (such as attorneys, LLLTs, real-estate agents, Certified Divorce Lending Professionals (or CDLPs), and/or QDRO Specialists), so that her clients know, from the outset, that their divorce will be handled in the most efficient & holistic manner possible.

Settlement Conferences

Traditional family law has long used the settlement conference as the final solution, of sorts, for Parties who may have reached an impasse. Oftentimes, it is Court-ordered but this action is often used by counsel who practice divorce litigation. During settlement conferences, one Party and counsel are in one room (either live or virtually), the other Party and counsel are in another room, and the mediator “shuttles” back and forth, between rooms, to attempt to negotiate a binding settlement. Rarely does the mediator have an established relationship with either spouse. This type of mediation can feel much more anxiety-producing, pressured, and it tends to be expensive. However, like many divorce-related modalities, there is an appropriate setting for this type of mediation. Elizabeth, albeit infrequently, may use a settlement conference as a modality when facilitative mediation efforts have stalled or, perhaps, when Parties are highly motivated to settle their divorce in the absolute shortest amount of time.

Collaborative Mediation

Oftentimes, collaborative mediation is considered the most progressive form of family mediation. In cases where collaborative divorce may not be a preferred modality, but Parties may be better served by adding the support and safety that attorneys can sometimes afford, collaborative mediation can bridge that gap. Like collaborative divorce, collaborative mediation consists of a team-based approach. However, it typically consists of the Parties, their collaboratively-trained attorneys, and a collaboratively-trained mediator. Also comparitive to collaborative divorce, both Parties, along with this assembled professional team, enter into a “participation agreement,” which outlines roles, responsibilities, and important agreements (such as the agreement not to litigate, threaten to litigate, etc.). This hybrid method can be an excellent alternative to both traditional mediation and traditional collaborative divorce.

Question: Does Collaborative Mediation always involve counsel?

Answer: Typically, yes. It is a specific model that utilizes a unique construct, which consists of collaboratively-trained counsel, along with a collaboratively-trained mediator.