Don't Waste Time! 9 Facts Until You Reach Your Headlight

How to Prepare for Your Family Law Mediation

Some mediators will make comments about what they see as the issue and confirm the case data if briefs have been pre-submitted. Next, the mediator will define protocol and set the time frame for the process. There will be a review of the mediation guidelines and the mediator will briefly recap what it is that he has heard as the issues.

The Pay tab describes typical earnings and how workers in the occupation are compensated—annual salaries, hourly wages, commissions, tips, or bonuses. Within every occupation, earnings vary by experience, responsibility, performance, tenure, and geographic area. For most profiles, this tab has a table with wages in the major industries employing the occupation.

The mediator will wait until both parties are present and then make introductions. The physical setting will be controlled so that no party feels threatened. Most mediators will ask that if children are present, they wait outside. This outlines the role of the participants and demonstrates the mediator’s neutrality.

There are links in the left-hand side menu to compare occupational employment by state and occupational wages by local area or metro area. There is also a salary info tool to search for wages by zip code. Arbitrators, mediators, and conciliators must apply rules of law. They must remain neutral and not let their own personal assumptions interfere with the proceedings. There is no national license for arbitrators, mediators, and conciliators. However, some states require arbitrators and mediators to become certified to work on certain types of cases.

In some cases, parties may appeal the arbitrator’s decision. Even if disputants do not resolve the dispute, mediation frequently will "bring out" the real issues and enhance communications between the parties, fostering an improved working relationship. These Guidelines are national in scope and are necessarily general. They are not intended to supplant applicable state or local laws or rules.

When mediation occurs in an official or legal context, such as when it has been ordered by a judge, it is often called arbitration and is performed by an arbitrator. Arbitration usually involves a decision that the parties are bound by. Mediation is typically less formal and usually involves suggestions for settling differences, as opposed to binding decisions. CareerOneStop includes hundreds of occupational profiles with data available by state and metro area.

All JAMS mediators should be aware of applicable state statutes or court rules that may apply to the mediations they are conducting. In the event that these Guidelines are inconsistent with such statutes or rules, the mediators must comply with the applicable law. JAMS mediators and arbitrators are available to resolve disputes remotely. We offer a number of videoconference options for mediations and arbitrations based on case size and complexity.