Mediation is a structured process based on conversations. A trained neutral third party professional works with the opposing parties to try to create a resolution to the issues. The mediator actively listens to all participants of the mediation. This can be done together or separately. Looking for compromises and the ability to hear and listen to each other is crucial when it comes to conflict resolution. Mediation is confidential, voluntary (although frequently court ordered) and self-determined- only what the parties involved are willing to do to resolve their issues. Because it is less formal, a dialogue can allow the parties to work through their emotions and conflict to focus on the matters to be discussed. Solutions can be more creative and tailored to each family. Mediation can be a cost effective and productive process for various matters and categories.

A mediator is a neutral, third party that is present to help opposing parties to come to a resolution. The mediator's job is not to determine who is right or wrong. The mediator assists the parties by finding an avenue to conversations that are necessary in order to get to the root of the issues. If the parties do not have attorneys, a mediator can guide them through the legal issues that are at hand.

The rates of mediators vary based on many factors such as background, schooling, expertise, etc. Shannon's rate is $200 per hour with a 2-hour minimum for local districts. There is a 4-hour minimum for districts over 100 miles (one way) away.

The opposing parties and their attorneys (if represented by legal counsel) will attend the mediation. If not represented by legal counsel, each party is welcome to bring one support person. A support person (if not legal counsel) is there to help resolve stress, but not to participate in the mediation. This is based on a case by case basis and will be dealt with if there is a conflict of interest. “78B-10-110 Participation in mediation. An attorney or other individual designated by a party may accompany the party to, and participate in, a mediation. A waiver of participation given before the mediation may be rescinded.”

Attorneys represent their parties to provide legal counsel during the mediation process. Mediators do not provide legal advice but will work with the attorneys and clients to help facilitate an agreement. Mediation without legal counsel can be successful with open conversations. Opposing parties always have a right for legal counsel. Having an attorney review any documents before the parties make them legally binding is always welcome.

The length of mediation varies greatly depending upon the complexity of the case. The more prepared the parties are, the more smoothly the mediation should go. Mediations are scheduled for at least 4-hour blocks, with the ability to go longer if needed. If more than one session is necessary, that can be scheduled. Often, if the parties have reached an agreement, an attorney will draft the necessary documents to be signed by all parties.