Mediation

There's a way to work out legal problems outside of the courtroom. It's called mediation. Sometimes, the Court will suggest it if there's a chance that you and your spouse can work together to find a solution.

Keep in mind the benefits of mediation. Mediation can save you time and the stress of having to talk about your private life in a public courtroom.

What is mediation?

If the Court sends you and your spouse to mediation, or if you ask for mediation and the Court agrees, you will work with a mediator. A mediator is a neutral third party. That means they don’t work for you and they don’t work for your spouse. They work for the Court.

The Cuyahoga County Domestic Relations Court has trained mediators on staff who help people resolve parenting issues. The Court coordinates assessment and referrals for court mediation services.

You can find details about the Court's mediation process in Local Rule 32.

How can mediation help?

The Cuyahoga County Domestic Relations Court has certified mediators who help people resolve parenting issues through a confidential process.

Mediation may be used:

• Before your divorce is final. Mediation may be used during your divorce case, once you or your spouse have been "served" with the divorce complaint. For example, a Judge or Magistrate may refer you to mediation to help work out parenting issues, like where your children will live once you are divorced.
• After your divorce is final. Mediation may be used after your divorce is final. For example, you may be referred to mediation to help resolve disagreements about your parenting plan.

In mediation, you may discuss:

• Custody
• Parent responsibilities
• Parenting time arrangements
• Children's living arrangements
• Children's schedules

Mediation is not used to address financial matters or as an alternative to decide on protection orders.

See Local Rule 32 for more information about when mediation may or may not be used.

What happens in mediation?

Because mediation takes place outside of the courtroom, it’s more informal. Most likely, it will just be you, your spouse and the mediator sitting down at a table, or meeting online. The mediator also may meet with you and your spouse individually before meeting with you together.

You must attend any mediation sessions the Court schedules.

It will be up to you to share your side of the story, listen to your spouse with an open mind and make decisions. 

You don't have to agree to everything in mediation, especially if you think something is unfair, you don't understand it or don't think you can do it.

Here's what can help you have a successful mediation:

• Documents and notes. Put together any documents that might help. Write some notes about what you want to make sure to say.
• Openness and honesty. Mediation offers you an opportunity to be open, honest and direct with the information you have to share. If you hold anything back or don’t tell the truth, you could end up wasting this valuable time.
• Patience. Mediation can be very quick or take multiple, hours-long meetings. It depends on how complex your situation is. The point is to keep at it, if it’s working. And be patient.
• An open mind. Mediation is not about winning. It’s about reaching a solution that works for you and your spouse. That might mean that you end up making some trade-offs.

In most cases, statements you make during mediation sessions are confidential.

You and your spouse may need several sessions to complete the mediation process. It’s also okay if you can’t reach an agreement. If that happens, the mediator will either schedule another session or end the mediation and tell the Court about the outcome.

Mediation doesn’t stop or delay your case, unless the Court orders it, and other Court orders will still be in effect while you’re in mediation.

What happens after mediation?

Once mediation has ended, the mediator will file a mediation outcome report. The report will tell the Court who attended the mediation and whether a settlement was reached.

Any agreement reached during mediation is not binding until it is adopted by the Court.

Either of you may withdraw from the mediation process at any time without any negative effect on your standing before the Court.