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HOW DOES DIVORCE AND FAMILY LAW MEDIATION WORK?

The mediation process is one that allows the parties to control the outcome of their divorce or other family law issue.  The process is more informal than going to court and less expensive than going to court.  The process that John follows has been successfully working for years and it is tailored to the parties individual needs based upon their issues and level of dispute. 

THE PROCESS 

The process for mediation through Oregon Divorce Mediations is conducted in the following steps. 

First Contact

To begin the process one or both of the parties will need to contact the mediation office. This can be done by calling the office at 503-399-9218 and informing the staff that you are interested in mediation with John Case.  Another option is to email John's assistant,  Terrie, at terrie@feiblemancase.com or to email John at john@feiblemancase.com inquiring about starting a divorce or family law mediation.  During this first contact it will be determined what type of mediation you need for your situation.   A confidential file will be opened with your basic contact information.  You will then be ready to move to the preparation stage. 

Preparation

After you have made contact and set up a file for a divorce or family law mediation, the preparation process will begin. You will be sent an intake form to complete and return as well as a mediation agreement.  Typically we will email these forms to both parties.   

 

The intake form will ask basic questions about your situation.  In the case of a divorce it will include very general questions about children, your property, debts, income, etc.  The form is very easy to complete.   

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The mediation services agreement will explain the confidential nature of the mediation, costs charged at an hourly rate,  and expectations.  

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Once these forms are completed and returned you will be ready to set your first mediation session.  

First session

The first mediation session is usually set for 90 minutes.  Both parties will have returned the intake forms and mediation services agreement prior to the session.  The first session will be a joint session with John Case.  Often these are done together in the same room however if the parties prefer the session can be held with the parties in separate rooms and John going back and forth between the parties.   During the first session the issues are identified and in many cases John has most of the issues resolved or narrowed in the very first session.   For example, in the case of a typical divorce the initial session normally resolves the big issues of custody, parenting time, property division and support issues.  There may remain areas of dispute that require a second session.  

Initial Documents

At the conclusion of the first session John will identify what documents can be prepared that memorialize the agreements the parties have reached.   Many times all of the big issues are resolved and the parties are ready to begin reviewing all of the necessary documents to start, and finish, the divorce case.    

 

For example, if the parties have just resolved custody and parenting time issues John will prepare a parenting plan for the parties to review following the session.   If the parties have just resolved their property division John will prepare a General Judgment (divorce judgment) for the parties to review. 

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Final Agreement

After the parties receive the documents from the first session they will proceed to the final agreement.  This move to the final settlement will take whatever form is needed based upon the particular parties.  Many times the parties are so close to a complete agreement after the first session that the additional discussion will be handled via email or telephone.  In some cases the move forward  will mean further negotiations or a "back and forth" dialogue with John's help in a second in person mediation session.  The process will be done in whatever manner makes sense for the individual parties and their situation.  Once the final documents are agreed upon by both parties the signature and filing of the documents with the court will be coordinated and handled by the mediation office.

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