What is mediation?
Mediation is a process by which your case can be settled with the help of a third party, your mediator, and you can complete your case without going to trial. All agreements reached in mediation are in writing and signed by all parties and attorneys. Once the agreement, called the Mediated Settlement Agreement or MSA, is signed by everyone, that agreement is binding. Neither party can change his or her mind about the agreement or try to change any part of it. A final order will be drafted and entered by the Court and that order must contain what is in your MSA. This office will notify the Court that an agreement has been reached and that no trial on the issues will be necessary.
In mediation with Ms. Armstrong, you and the other party are not in the same room. Zoom participation is available and there are separate breakout rooms for the parties and their attorneys on Zoom. Anything that you discuss in your mediation room with your mediator will not be disclosed to the other side unless she has your permission to do so. Ms. Armstrong will go back and forth between the rooms, real or virtual, during the mediation. There is no real down side to mediation. No offers or counter-offers from mediation can be used against you and Ms. Armstrong cannot be called to testify about what was considered in mediation. No one will force you to make an agreement.
"My job during mediation is to make suggestions. We can reach agreements with terms in mediation that the Court either could not order or typically does not order. This gives us so many more possibilities for settlement. We can reach a settlement that really works for that family and not just accept what the law says should work for everyone. Mediation is your chance to be in control of the outcome and not leave all the decisions up to the Judge."
- Barbara A. Armstrong