Getting Started

   During your initial telephone call to the office, the mediator will answer any questions you have about the process and describe the process as it applies to your particular family circumstances.  We welcome the opportunity to provide you with as much information about the process as you need prior to your first appointment. After we have confirmed that both parties wish to participate in mediation, we will schedule a convenient time for your first session.  An e-mail or letter will be forwarded to confirm your appointment.

   In addition to confirming your appointment, we will set out a summary of the issues you wish to have addressed in the sessions. We will forward a fee agreement and a worksheet designed to obtain the information necessary for your agreement to meet the requirements of the court. Most clients find that these worksheets are a helpful tool to assist them in organizing their thoughts, collecting information, and gathering documents required to form your agreement.

   Absent extraordinary circumstances, your first session will be a joint session.  This is less costly than individual and separate first meetings, and most clients prefer this approach.  If you feel a separate session is required, please discuss this issue at the time you are making your first appointment.

   In relationships where issues of partner violence, substance abuse, security concerns, or exceptionally high conflict exist, it may be more appropriate to hold separate initial sessions.

   All mediation sessions are two-hour appointments, with the exception of document review and execution sessions.  However, if one party is required to travel to participate in the mediation, an exception may be made to avoid the additional expense of multiple trips.

   No children are allowed at the Center.

Choosing a Mediator:

   The choice of a mediator is as important as the choice of your attorney, tax professional, or family physician.  Carefully consider the following when making a choice:

* The mediator must be a person that you can trust;

* The mediator should have the appropriate training and the experience required  to assist you in the development of a settlement;

* The mediator should have a working knowledge of the local courts;

* The acquaintance of local attorneys is particularly helpful when clients are working with an attorney as well as a mediator in their separation and divorce;

* The mediator should participate in continuing education in addition to their basic training;

* The mediator should be able to craft a document that contains all of the information required to fully resolve the dispute and avoid future disputes;

* The mediator should be able to provide up to date and accurate information regarding the laws governing your dispute.  (This is informational only and not a substitute for legal advice.);

* The mediator should be trained to know your child’s developmental needs;

* The mediator must comply with the Mediation Ethics and Standards of Practice as adopted by the New Mexico Mediation Association and ACR.

Feel free to ask the mediator:

* About their training;
* About their continuing education;
* How many cases have they mediated?

Your Agreement:

     The content and form of your agreement is very important, as it must accurately reflect your complete agreement.  A draft of your agreement will be made available for your thoughtful review, or review by your attorney, accountant, or financial planner away from the pressure to sign the agreement.  Many clients will choose not to review their document with others, but it is important that you not feel pressured to sign and have the opportunity to review with others if you chose. After you have had an opportunity to thoroughly review your document, you will return to the Center to sign it.

     We offer agreements in a form that is easy to read and understand, as well as completeness and professionalism in the development of your documents.

     Frequently, family law attorneys, after review, adopt the agreement without reservation and submit the agreement to the court with an order that incorporates the agreement into the final decree.  Once your agreement is incorporated into a final decree or order and signed by the judge, it is as binding and enforceable as a judgment of the court.