Mediation is a process in which an impartial third party facilitates the resolution of a dispute by promoting mutual, voluntary and informed agreement through self-determination by the parties to the dispute. The mediator is a neutral facilitator who assists the parties in reaching their own settlement, and conducts the mediation as most appropriate for the circumstances. The mediator ascertains the facts, identifies and summarizes the issues, explores options, helps the parties resolve their issues so as to meet their interests and needs, and assist the parties in preparing their final agreement. The purpose of the mediation is to resolve the parties’ conflict. The Mediator will not make decisions, will not tell the parties what they must do or who is “right” or “wrong.”

Although our Mediators are attorneys, licensed to practice law in the State of Montana, they are not either Party’s attorney. While a mediator may, if necessary or requested, inform the parties regarding Montana law, this information will be in general and neutral terms and will be identified as such at the time it may be given. Each party is encouraged to retain his/her independent limited-scope attorney in order to be properly counseled about his/her legal interests, rights and obligations.

In the mediation process, each party is given equal opportunity to present their issues and interests. Mediation is a confidential process, and information shared during mediations cannot be used in any other complaint or forum. Mediators are not arbiters or decision-makers, and cannot be called to testify in a court proceeding.

Mediations are usually successful because the parties are empowered to craft solutions that work for them. The vast majority of divorce and parenting cases are resolved through mediation. It is generally favorable to settle family law disputes short of trial for three significant reasons. Fist, our local courts carry a heavy caseload, and you may not be able to have a resolution following trial for over a year from when your case begins. Second, when you do get in front of a judge, the most important matters in your life will be decided by a judge who knows little about your case, and you lose all control to implement fine details about your parenting plan or distribution of assets. Third, the longer a case languishes, the higher the cost, both emotionally and financially.

When an agreement is reached, the Mediator will prepare a Memorandum of Understanding, Parenting Plan, Property Settlement Agreement, or such other document as may be appropriate to commemorate the agreement of the Parties. If the Parties so request, other pleadings related to the mediation may also be prepared, so the parties may finalize their Parenting Plan and/or Dissolution of Marriage with the Court.