Heitke Law Office, LLC is staffed by a Family Court Mediator. Michelle Harter, Paralegal, having completed the required classes
for Certification at Roger Williams University, will assist you in discussing and resolving any Family Court, Child Custody or Support matter.What is Family Mediation?
Family mediation has been defined as a process in which a neutral third party assists a family in identifying, negotiating and
resolving issues. The role of the mediator includes reducing the obstacles to communication, maximizing the exploration of
alternatives, and addressing the needs of those involved or affected. Mediation is based on principles of problem-solving that focus on the needs and interests of all family members.
Family mediation involves the resolution of all family problems including:
- Divorce and separation issues;
- Problems between parents and children;
- Custodial and financial care arrangements for elderly and infirmed parents;
- Pre-Nuptial Agreements;
- Post-Divorce Modifications;
- Step parenting and step family issues like sharing the cost of a child's college education;
- Any other problems involving families and parties involved with families.
CLICK HERE
to view the steps in a typical Mediation Process.
I. The Goals of Mediation
II. Why Use Mediation?
- To keep communication open;
- To contain conflict;
- To keep control and responsibilities for decisions with parties;
- To enable parties to understand the facts, issues, consequences and decisions more fully;
- To reach an agreement tailored to concerns and needs of clients, NOT attorneys or courts;
- To keep focus on fairness and best interests of the children, if any;
- To develop skills for future use.
III. Choosing a Mediator In Rhode Island there are mediators who work alone, and mediators who work in teams. They are attorneys, psychologists,
social workers, paralegals or other such professions who have acquired special training in mediation. Teams are often composed of one psychologist and one attorney.
In order to be a court-approved mediator in Rhode Island, you must be appointed by the Admissions Committee. The
appointment is made only after you have agreed to the standards of practice for mediation developed by the American Bar
Association and the Society of Professionals in Dispute Resolution. You must carry mediation malpractice insurance and complete intensive training program of at least forty hours.
You should choose your mediator as carefully as you would choose your divorce attorney or your family physician. Ask: what
are the mediator's technical background, experience, training and references? Was the mediator's training approved by the Academy of Family Mediators? IV. Mediation is not:
- Arbitration in which a neutral third party is the fact finder or decision maker;
- Conciliation – When communication is facilitated, conciliation is possible, but it is not a goal of mediation;
- Therapy or marriage counseling – Parties are referred out for therapy, if necessary;
- Representation – A mediator does not give legal advice or therapeutic advice.
V. Compensation of Mediators Mediators will charge an hourly rate for the sessions which are paid as you go. The going rates are between $60.00 - $150.00
per hour for most mediators. The current hourly rate at Mediation by Choice is $100.00 per hour. Sessions can run from one to
three hours. You will establish this with the mediator at your first session. Typically, mediation costs are divided between the
parties. This also will be determined at your first session. The mediator works on your case only during the mediation sessions and you would not ordinarily be asked to pay fees that the session fees. VI. When is Mediation Inappropriate?
- When alcohol or drug abuse is present;
- When physical abuse has occurred;
- When one or both parties do not want the process to proceed;
- When extreme personality problems are present (i.e. sociopathic or manipulative behavior or dishonesty).
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