Family Law Mediation

How the Mediation Process Works in New Mexico

In traditional family law litigation, each party hires an attorney, and both attorneys present arguments and evidence to the Judge, which often creates tension and animosity between the parties that lasts far beyond the hearing at hand. The judge may have very little time to consider information presented before making a decision, and the outcome may not be what either party would have hoped for.

Mediation is almost the exact opposite. Each party may still work with an attorney who is focused on protecting their legal rights and advocating for them to the mediator. However, rather than just blinding arguing their client’s position, the attorney will help find solutions and negotiate on their client’s behalf but the attorneys will be providing outside advice, rather than arguing on the party’s behalf. Instead of presenting their case to a judge, the parties will be working with a neutral third-party mediator who is trained to help them focus together to compromise and develop solutions. The mediator does not issue an independent decision the way a judge does. Instead, the mediator helps both parties find common ground so they come to their own decisions. The parties control the process and the outcome.

It can take more than one mediation session to reach agreements if there are many issues to be addressed. Because matters are handled outside of court, costs are generally much lower and there is much less pressure to reach instantaneous resolutions. At the end of the process, the parties come away with a written agreement describing the decisions reached. Once the agreement is signed, it is an enforceable contract. The terms can also be incorporated into a court order as part of a divorce or custody determination.