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What to Tell Your Divorce Mediator

Divorce mediation in Idaho has a high rate of success, even in difficult cases.  Divorce mediation is a unique process that is quite different from a family court trial.  You may be wondering what you should disclose to your divorce mediator.In short, the answer is, anything you like.

During mediation, your mediator will first obtain information so they can understand each of your positions in the case.  The mediator will then work with the parties to explore options that may potentially work for both parties, to settle each issue.  The mediator’s goal is to help the parties settle the case in a manner that both can find suitable.  Since the mediator has no decision-making power in the case, they do not weigh the evidence, consider what is admissible in court or advocate a position.  A mediator finds out what is important to each of you and discusses ways to address each concern.

During divorce mediation, any conversation you have with the mediator is kept private and confidential.  Although it is possible that you will discuss the case in the presence of your spouse, you may request to speak with the mediator privately at any time.  The mediator will not disclose any facts to your spouse without your permission.  Therefore, if you have certain concerns that you want addressed but do not want your spouse to know have been disclosed, you will simply ask the mediator to keep these points in mind as he or she helps mediate the case.

You may also have information that you want the mediator to know before you start mediation.Most mediators request or allow for a pre-meditation statement.  In this statement each party or the party’s attorney, may provide the mediator with a property list and who should get each item.  A debt list may also be disclosed listing each debt, the total amount owed, the monthly payment, and who should be responsible for each debt.  If children are involved, you may bring your children’s school calendars for the discussion of custody and visitation, and any other items that you feel are relevant to your case.  The mediator would also benefit from knowing how the two parties communicate with each other and whether there is animosity between them.

David Johnson is an attorney and divorce mediator located in Idaho Falls, Idaho.

David A. Johnson has been providing quality legal services in East Idaho. As both a private attorney and as a former Bonneville County Prosecuting Attorney, Mr. Johnson has substantial courtroom experience. Mr. Johnson has handled cases all over the State of Idaho. His primary areas of practice are in Bonneville, Bingham, Butte, Jefferson, Madison, Fremont Bannock and Jefferson Counties. In addition, to Idaho Falls, we serve residences in the Blackfoot, Shelley, Firth, Rigby, Rexburg, St. Anthony, Ashton, Ammon, Driggs and Victor, Idaho. [Read more..]