What happens during the initial consultation?

We discuss your circumstances, explain how mediation works, review the issues that need to be addressed, and consider whether mediation may be appropriate for your situation based on the willingness of both parties to participate and any complicating factors.

How do we gather and exchange the information needed for mediation?

The parties provide financial statements, account balances, property valuations, income documentation, and other relevant information, which is shared transparently so both participants have the data needed to make informed decisions.

What does the mediator do during sessions in Erie County?

The mediator facilitates discussions, helps identify areas of agreement and disagreement, explores options with the parties, and guides the conversation toward mutually acceptable solutions without representing either party or making decisions for them.

How is the Memorandum of Understanding used after mediation?

The MOU summarizes the terms both parties agreed upon and serves as a reference document that participants can review with their respective attorneys before proceeding with final legal documents or court filings.

The Mediation Process

Contested litigation can turn every disagreement into a procedural battle, with each issue decided by a judge who may not fully understand the family's specific circumstances or priorities. Mediation offers a voluntary alternative where both parties work with Kate Johnson at Common Ground Mediation to identify the matters that need to be addressed, gather the information necessary for informed decisions, and explore options that reflect their individual situations. The process serves Buffalo and Erie County families navigating divorce, legal separation, parenting modifications, and post-divorce disputes, providing a structured environment where participants retain control over the outcomes rather than leaving decisions to the court.

The mediation process follows a clear sequence: an initial consultation to discuss circumstances and determine whether mediation is appropriate, identifying the issues that need resolution, gathering and exchanging information, holding mediation sessions to discuss each issue and explore options, and preparing a Memorandum of Understanding once agreements are reached. Each step builds on the previous one, ensuring that participants have the information and clarity needed to make decisions about parenting, support, property, debts, and other financial matters.

Schedule an initial consultation to discuss your circumstances and explore whether mediation is appropriate for your situation..

The initial consultation addresses whether mediation is suitable for the situation, considering factors like the willingness of both parties to participate in good faith, the complexity of the issues, and any safety concerns that might make mediation inappropriate. Once mediation begins, the parties identify the specific matters that need to be addressed, which may include custody schedules, spousal support, division of retirement accounts, handling of the marital residence, or post-divorce modifications. The parties then gather and exchange the information needed to have informed discussions, such as financial statements, account balances, property valuations, and income documentation.

During mediation sessions, the parties meet with the mediator to discuss each issue, explore options, and work toward mutually acceptable solutions, with Kate Johnson facilitating productive conversations and helping clarify areas of agreement and disagreement. Participants receive a Memorandum of Understanding once agreements are reached, which summarizes the terms both parties agreed upon and can be reviewed with their respective attorneys before proceeding with final legal documents. The MOU provides a written record of the agreements made during mediation and serves as the foundation for court filings or other legal paperwork.

Each participant is encouraged to obtain independent legal advice before signing or relying upon final legal documents, as the mediator does not represent either party or provide legal counsel. The mediation process is designed to facilitate communication and decision-making, but participants should consult with their own attorneys to understand how the agreements affect their individual rights and circumstances.

What happens during the initial consultation?
We discuss your circumstances, explain how mediation works, review the issues that need to be addressed, and consider whether mediation may be appropriate for your situation based on the willingness of both parties to participate and any complicating factors.
How do we gather and exchange the information needed for mediation?
The parties provide financial statements, account balances, property valuations, income documentation, and other relevant information, which is shared transparently so both participants have the data needed to make informed decisions.
What does the mediator do during sessions in Erie County?
The mediator facilitates discussions, helps identify areas of agreement and disagreement, explores options with the parties, and guides the conversation toward mutually acceptable solutions without representing either party or making decisions for them.
How is the Memorandum of Understanding used after mediation?
The MOU summarizes the terms both parties agreed upon and serves as a reference document that participants can review with their respective attorneys before proceeding with final legal documents or court filings.
Why is it important to consult with an independent attorney?
Each participant should obtain independent legal advice to understand how the agreements affect their individual rights and circumstances, as the mediator does not provide legal counsel to either party.

Structured Steps Toward Practical Agreements