Family Mediation

Yes. Many of our mediation clients do not hire an attorney and represent themselves in court. Clients who agree on support, property, or custody may have a lawyer involved in several capacities. It is up to the parties to decide when and if to consult with an attorney.

Representation. Some clients are represented by a lawyer before, during, and after mediation.

Pro Se. Some clients do not hire a lawyer at any point. They reach the agreement and submit it to the court when they file without counsel. This option is often chosen in West Virginia, where the Supreme Court provides the paperwork to file for an uncontested divorce.

Filing Only. In some situations, one or both parties may take their signed agreement to an attorney to file the uncontested divorce. This is often an option in Virginia since the parties then do not need to attend court if they have an agreement.

Advice only. Some clients take the initial draft of their agreement to a lawyer to review and then return to mediation to address recommendations.

Yes! We mediate many situations with family members or spouses who do not get along or even no longer speak to one another. Sometimes these mediations occur with the parties separated in different rooms, either physically or in zoom breakout rooms.

Mediators are not permitted to give legal advice to either party. However, we can provide legal information that may help a litigant decide. Still, we cannot advise what any person should do. You must retain a lawyer to represent you when you believe you need legal advice.

Mediation is a voluntary process. In West Virginia, parties are required to attend one mediation session when child custody is in dispute. In Virginia, parties may be referred to mediation to evaluate disputes but are not obligated to participate.

On rare occasions, parties may decide during mediation that an older child may wish to participate. In such rare situations, the mediator will work with the parties to determine if the child's participation is possible and what conditions may be required. Typically, children are not included in family law mediation

With the help of the mediator, the parties determine the topics mediated, but they generally include the equitable distribution of marital property, spousal support or alimony if it's at issue, parenting plans that address decision-making and legal custody for families with children, custodial time allocation or physical custody, and the calculation of child support.

To prepare for mediation, you will have a thirty-minute meeting to review the agreement to mediate and discuss the financial information you should compile to be ready for mediation.

No, mediators are not permitted to provide legal advice to either party. Mediation clients are encouraged to consult with an attorney at any point during the mediation process when they would like legal advice or representation. You may contact the State Bar for a referral if you need an attorney.

Mediation effectively resolves legal conflicts because it empowers the parties involved to find their own resolution. In court, a judge may decide based on limited information, often within a short time frame. Mediation works because it allows all pertinent information to be considered, resulting in more informed and mutually agreeable resolutions.

The easiest way to set up an appointment for a free meeting with Brenda or to schedule mediation is online. If you prefer to work with Mackenzie, our team member who assists clients with scheduling and preparation, you may email her at Collins@brendawaugh.com.