Family Mediation Services

A mountain centered with a line of trees between the mountain and a lake

You cannot shake hands with a clenched fist.

–Indira Gandhi

Mediation is a voluntary process involving a trained third party to assist two individuals to arrive at a mutually agreed upon settlement.  If you choose to enter into mediation, you retain total and exclusive control over the process and outcome.  Mediation only occurs with both parties’ consent and is a confidential process.  Mediation has the goal of empowering you with relevant information and options to proceed to negotiation. You will be negotiating about what you believe is best for your family and specifically your children.  It allows for the two people who know your children best; the parents; to form a parenting time agreement that fits the needs of your children and your family.  Conversely, the court does not know your child(ren) and may set an arbitrary plan with less input from parents.  Also, mediation typically costs 30-40% of what two parties will spend on a traditional divorce with separate attorneys. Lastly, protracted court battles over custody and parenting time encourage more conflict between parents, undermine ongoing successful coparenting, and risk the well being of children raised in such a high conflict environment.  Mediation has the potential to save you time, money, and emotional turmoil.

What to Expect

I provide the following mediation services:

  • Mediating a parenting plan: may include a full plan with written document
  • Mediating updates or modifications to an existing parenting plan or mediating a specific parenting issue
  • Mediating non-financial family issues
  • Co-mediation with an attorney mediator: a team approach where I assist with emotion management, communication, decision-making, and parenting issues

My role as mediator is to create a safe environment in which communication about the relevant issues can take place, assist with gathering what information is necessary to the issue at hand, thoroughly exploring and analyzing the information, and facilitating each person in effective negotiation.  In this way, differences between the parties in skills, information, and abilities will not interfere with both parties coming to successful outcomes.

The pace of the mediation and the content of the issues are decided by both parties. It is important that together with the mediator we evaluate progress toward your mediation goals.  

Each party is encouraged to consult with legal counsel and may also be encouraged to seek out other expert information.

Since an outcome cannot be reached without the agreement of both parties, you know that you will not complete mediation without an outcome that is acceptable to you.  

If a mediation agreement is reached, I will provide both parties with a written plan that can be shared with your attorney and used to complete necessary paperwork for the court.  If needed, I can also make referrals for further assessment, child custody evaluation, and/or other professionals to provide further information to assist you in the process.  

If you try mediation and decide that it does not meet your needs, you can still opt for a more traditional, adversarial, approach with attorneys and litigation.

I encourage you to visit the following links for helpful guides and materials to help parents create a parenting plan:

No. Mediation is entirely voluntary. You are free to withdraw from or suspend the mediation process at any time, and for any reason.

Mediation is strictly confidential. Discussions that occur during mediation and all draft documents created during mediation are not admissible in any court of law or other contested proceeding. As part of the mediation agreement, both parties agree to not have me testify or produce records in court regarding the mediation. The only document that may be used in court would be the Final Agreement that was negotiated in mediation, after it has been signed by both parties.

Mediation is designed to help both parties negotiate with each other and consider the risks and advantages of each option. This will usually be done together. At times I may meet separately with each of you to better understand the issues and each person’s perspective; however, this will only happen with everyone’s agreement.

The number of sessions will vary dependent upon the number of issues in dispute, the complexity of the issues, and the degree of stress impinging upon each person’s ability to problem solve and reach an agreement.

You are free to end or suspend mediation at any time, for any reason. In most cases mediation can resolve the issues at hand, but you are free to turn to other methods of resolving your dispute, such as the use of an attorney and/or litigation, at any time.

A mediated settlement is NOT legally enforceable and is not binding. While mediation can lead to settlement, it is not a substitute for the legal process. Your final agreement must be written into a document for the court and reviewed and accepted by the court in order to have something that is legally binding and enforceable

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I invite you to Contact Me for more information or to schedule an initial consultation.
(503) 629-0272
lisa@gabardi.com
14523 Westlake Drive, #16
Lake Oswego, OR 97035