Did you know there is a difference between Family Court sponsored Mediation and Private Mediation?

Mediator with office background discussing types of mediations.

Differences Between Court-Sponsored Mediation and Private Mediation

Court-Sponsored Mediation

• Initiation: Typically initiated by the court as part of the litigation process. Normally provided in a scheduling order scheduled by a Judge.

• Cost: Often provided at a reduced amount and/or maybe little to no cost to the parties involved, as it is funded by the court system. It all depends on the jurisdication. Some jurisdications have sliding fee scales that are based on your income.

• Mediator Selection: Mediators are usually appointed by the court and may be individuals with specific qualifications or experience in the legal field. Many are volunteer attorneys. Some jurisdictions utilize community Dispute Resolution Centers, which maintain volunteer mediators as well. Also some jurisdictions have hired Mediators internally.

• Process Structure: The mediation process may follow specific court rules and procedures, which can be more formal, fast-paced and feel impassive . The Courts may oversee intently in the mediation, which their may feel pressure to come to an agreement.

• Confidentiality: While generally confidential, there may be some limitations on confidentiality due to court rules. In many jurisdictions, it is semi-confidential and/or a reporting element is required to the Judge

• Outcome Influence: The court may be more involved in the outcome, and agreements may need to be approved by a judge.

Private Mediation

• Initiation: Initiated voluntarily by the parties involved, outside of the court system and/or in the court system.

• Cost: Typically requires payment for the mediator's services, which can vary widely based on their experience and the complexity of the case.

• Mediator Selection: Parties have the freedom to choose their mediator based on qualifications, experience, and personal preference.

• Process Structure: More flexible, personable, and informal in process, allowing parties to tailor the process to their needs.

• Confidentiality: Generally offers stronger confidentiality protections, as it is not bound by court rules.

• Outcome Influence: Parties have greater control over the outcome, and agreements do not require court approval unless they choose to formalize them.

Family Court Ombudsman conducts private mediation for people who do not have an attorney or legal counsel. If you are in need of mediation, please contact us today!