Don't be discouraged by the fancy name, Pro Se Mediation is just a legal term to say that two people come into the office and work together to devise a plan for their family. Pro Se is a Latin term for "one's self." Pro Se Mediation refers to mediation sessions where each party doesn't have their own legal representative. There are many circumstances where this approach is superior to other options for clients around Indianapolis and the entire state of Indiana.
Pro Se Mediation is used to develop the terms of legal separations, dissolutions, or post-nuptial agreements. They can even be helpful for pre-nuptial agreements.
At Carmel Family Law, we find that Pro Se Mediations work best when the individuals have an idea of what they want to accomplish and can clearly articulate their wishes to the mediator. If the relationship between the parties is contentious, or there is a significant separation between each party's wishes, there may be better choices than Pro Se Mediation.
We like to turn to Pro Se Mediation whenever possible because it has many advantages over alternatives.
Pro Se Mediation's most significant advantage is that we can achieve a successful agreement at a much lower cost than other mediation techniques or litigation. Pro Se eliminates the cost of each party hiring their own attorney. It also saves time by removing the discovery process and court appearances - saving on hours of attorney fees, filing fees, and the investment of time to complete everything.
The actual mediations occur with the mediator and can be accomplished with both parties in a single room. In this configuration, the mediator sits down with the parties and mediates the conversation - striving to find common ground between both parties with everyone present.
It is also common for the parties to wish to be separated during the mediation. In this configuration, the parties will stay in separate rooms, and the mediator will move back and forth to find common ground.
Most mediations take place over several sessions. This allows the parties and the mediator to work through all the issues without feeling a time crunch. Spacing out the process allows the parties time to reflect and make decisions based on outcomes, not emotions.
Once the general parameters of the agreement are final, it is the mediator's responsibility to prepare all the documents and paperwork that the Court will require to finalize the process. The mediator will ensure that all the "I's" are dotted and the "T's" are crossed - according to the agreement reached by the parties.
If you have made it this far, you are likely wondering: Is Pro Se Mediation the right choice for you? Follow the guidelines below:
Do you have a good idea of what you want in your separation agreement or dissolution decree?
Would you prefer to reach an agreement without arguing, clashing, and name-calling?
Are you willing to let a mediator - not a court - find common ground between you and the other party in a productive manner?
If you answered yes to the questions above, Pro Se Mediation is worth considering. It is generally a more pleasant process and comes at a much lower cost - financially and emotionally.
Lastly, in circumstances where children are involved, Pro Se Mediation sets a standard for a successful co-parenting relationship because it relies on collaboration from the start.
If you are considering Pro Se Mediation, please don't hesitate to contact us directly. We'll cover all the options and help you pick a process best aligned with your specific situation.