Child Custody
Collaborative
Consensual
Informed
Mediation is a process in which a neutral third party assists in helping parties to reach a mutual agreement that considers each of their perspectives. The mediator does not make decisions or provide legal advice, but facilitates communication between the parties in a safe, comfortable setting.
Mediation is used in many different situations, such as workplace disputes, consumer issues, and landlord-tenant disagreements. Aspen Mediation specializes in dealing with domestic or family-related disputes. These may include issues such as: divorce and divorce modification; child custody and parent-time; and other disagreements often encountered by separated or divorced parents.
Don’t look back,
you’re not going that way.
Litigation vs. Mediation
If you have already had some experience with litigation, you know that much of it focuses on the past – what happened, when it occurred, and who did what to whom. In contrast, mediation focuses on the future – now that we’re here, what can we do about it?
Mediation usually saves time and is less expensive than other methods of resolving disputes.
Time and cost efficient
A solution is reached that is acceptable to both parties, rather than having a third party, such as a commissioner or judge make decisions about your family.
You control the outcome
The process of mediation is confidential. Information regarding conversations that occur during mediation cannot be shared with others, and cannot be used in subsequent Court hearings or trials.
Mediation is private
Mediation often results in more lasting agreements between parties because they have reached a consensus, rather than having a solution imposed on them. In addition, domestic mediation can address smaller family issues that are not appropriate for the Court.
Reduction in conflict
Mediation occurs in a quiet, comfortable environment that allows all parties to express their opinions and share their individual perspectives.
Safe and supportive environment
Regardless of your difficult history with your former partner, you will always have some relationship with them as parents. Mediation helps to build the basis for improved future communication and co-parenting, ultimately helping the people who matter most, your children.
Mediation helps to preserve relationships
Most parents seeking a divorce know where they want to end up. They want happy, healthy children who know they have two loving parents, even if they live in different homes. In the midst of the hurt, anger, and disappointment of divorce, however, it can be difficult to know how to get there.
Dr. Natalie Malovich is a clinical psychologist who has worked with children and families for the past thirty years. She has specialized in conducting child custody and parent-time evaluations for more than twenty years. Dr. Malovich’s mediation focuses on cases involving child custody, co-parenting, and other family related issues. She also has special expertise in domestic violence and child abuse.
Because of her clinical training and experience, Dr. Malovich brings a unique perspective and skill set to the area of domestic mediation. In addition to understanding the difficult emotions involved in divorce, she has special expertise in the area of child development, and can assist in developing solutions that work best for your children, as well as promote co-parenting.
If you are looking for a way to reach an agreement without the time and cost of litigation, but need some guidance along the way, Aspen Mediation may be for you.
Yes, a hallmark of mediation is that it is confidential. The content of discussions that occur in mediation cannot be shared with others or the Court in any subsequent hearings or trial. In addition, your mediator cannot be summoned to testify in Court, nor may any notes or records be released even by Subpoena.
Is mediation confidential?
Mediation in a two-way process in which a third party helps parties reach a mutually agreeable solution to their differences. This cannot occur without the involvement of both parties.
What if my ex doesn’t want to participate?
No. Dr. Malovich also conducts mediation with individuals who are not represented by counsel. In this case, she will assist in helping the parties draft a Memorandum of Understanding that can be taken to an attorney to be put into a Court Order.
Do I need an attorney in order to mediate?
The Court often requests that parties attend mediation prior to a Court hearing or trial in an effort to reach a settlement. Parties can also choose to pursue mediation on their own prior to Court action. This can often resolve a case successfully, or identify partial solutions that reduce the time and cost incurred if the case does go to Court. Even in these situations, mediation is often helpful. Even if all issues are not resolved, you may be able to reach a partial agreement and reduce the time and cost if the case goes to Court.
What if we are already involved in litigation through the Court?
The mediator will be able to meet with the parties separately or together, depending on the situation and comfort level of all participants. You will not be forced to interact directly with the other party if you do not wish to do so. In the case of mediation conducted remotely, the mediator utilizes “breakout rooms,” so that the parties can be in separate virtual spaces, without having direct contact.
What if I don’t feel comfortable talking with my former spouse or partner?
You are welcome to bring a partner, family member or friend with you to mediation. Your mediator will request that they not be included in joint meetings unless all parties are agreeable to this. However, you may include them in your individual sessions with the mediator. There is also a comfortable waiting room where they may sit if you wish to have them accompany you without participating in the process.
Can my significant other or family member attend mediation with me to provide input and/or support?
The cost of mediation is typically divided equally between the two parties unless a Court Order or agreement between them states otherwise.
Who pays for mediation?
Most mediations are attended remotely by the parties, their attorneys, and/or other professionals through the use of Zoom. However, mediations can be scheduled in person, if preferred.