Understanding Mediation

 You know your own family best. Judges do their best to listen in court, but they can't know all the details of each family's situation. That's why Indiana law lets people use mediation—to work together to create an agreement that fits their family's needs and present it to the court.

 Mediation places decision-making in the hands of the people directly involved in the dispute. This means you and the other party have the opportunity to collaboratively develop a solution tailored to your family's unique circumstances. Navigating disagreements can be challenging, and it’s often difficult to find common ground—this is where a mediator’s expertise is valuable.

The mediator takes on an impartial role, supporting both sides evenly and encouraging thoughtful discussion of possible resolutions. An effective mediator listens objectively, offers perspective when needed, and provides unbiased information about Indiana law. This ensures that everyone has the knowledge necessary to make informed and equitable decisions. Ultimately, the mediator will assist both parties in drafting a solid agreement that thoughtfully addresses your family’s needs and is built to last.

There are several ways to begin mediation:

• Pro Se Mediation: When both individuals do not have attorneys but believe they can reach an agreement on matters like divorce, custody, child support, or guardianship, they may jointly contact a mediator. They meet together with the mediator, where the mediator assists them in creating their agreement. This agreement is then submitted to the court. If the court finds their arrangement acceptable, it becomes an official court order, and a formal hearing is usually unnecessary.

• Mediation with Attorneys: In this situation, each person has legal representation. Both parties and their attorneys schedule a session with the mediator. Sometimes, everyone gathers together; other times, the parties remain in separate rooms with their attorneys while the mediator moves between them (a process known as "shuttle mediation") to facilitate an agreement. If successful, an agreement is drafted and submitted to the court, often eliminating the need for a costly hearing.

• Court-Ordered Mediation: Sometimes, a judge determines that it would be beneficial for the parties to attempt mediation. The judge provides a panel of three mediators, and the parties must either jointly select one or each strike a name from the list until only one remains. That person becomes the court-appointed mediator. When the court orders mediation, everyone is required to genuinely attempt to resolve their differences with the mediator’s assistance before returning to court.

The length and structure of mediation can vary widely. Some sessions may last just an hour, while others are divided into 2-4 hour segments across different days to prevent exhaustion. The outcome could be a complete agreement, a partial agreement, or no agreement at all. If any agreement is reached, the mediator writes it up, and all parties (and their attorneys, if present) review and sign it. The mediator then forwards the signed agreement to the court for approval. In most instances, the court will approve it, making it a binding order and allowing the parties to avoid a formal hearing on the issues they’ve agreed upon.

Mediation offers Indiana families a flexible, collaborative, and cost-effective way to resolve disputes while maintaining control over important decisions. By focusing on mutual understanding and creative problem-solving, mediation can lead to durable agreements that reflect the unique needs and interests of everyone involved.