Gabriela J. Matthews & Associates, P.A.

Mediation is a conflict resolution process by which parties, who have decided to separate and/or divorce, meet to resolve the controversies arising out of their separation and/or divorce with the aid of a neutral and impartial third party, called the mediator. This is an effective way for both parties to avoid the bitterness and frustration, which can result from prolonged disputes over marital issues. They intend to negotiate through mediation an agreement, which resolves the issues pending in their court action.

The mediator does not offer legal advice, tell either party what is "right" or "wrong", or act as an attorney to either party. Each party is free to seek advice from his or her own attorney in order to be properly counseled about his or her legal interests, rights and obligations.

There may be complex legal questions related to the issues being mediated, as well as financial and tax issues. In addition to legal counsel, the parties are encouraged to seek tax, accounting and financial advice as they become aware of such needs. Open and honest communications is important if mediation is to be successful. Accordingly, all written and oral communications, negotiations and statements made in the course of mediation will be treated as privileged settlement discussions and are absolutely confidential.

While both parties and the mediator intend to continue with mediation until a settlement agreement is reached, it is understood that either or both parties may withdraw from mediation at any time. It is agreed that if one or both parties decide to withdraw from mediation, best efforts will be made to discuss this decision in the presence of both parties and the mediator. If the mediator determines that it is not possible to resolve the remaining issues through mediation, the process can be terminated once this has been conveyed to the parties. When an agreement is reached, the mediator will prepare a Memorandum of Understanding for signature of the parties and the mediator.