Pro Se Mediation

Pro Se Mediation is a process where a neutral third party, known as a mediator, helps parties in a legal dispute come to an agreement, without the representation of an attorney. This process is particularly common in issues such as divorce, child custody, and property division, however there are many circumstances that can be handled through Pro Se Mediation. There are many factors that go into deciding whether or not Pro Se Mediation is right for you.

The Basics of Pro Se Mediation

Pro se mediation is a process where each individual represents themselves without the guidance of an attorney. This name derives from the Latin phrase “Pro Se”, which means “on one’s own behalf”.  A mediator would facilitate in communication, conflict resolution, and agreements, without providing any legal or financial advice. The role of a mediator in this situation is to take the information from both parties and help them reach an agreement in a quick, efficient, and cost-effective manner. This practice is not a solution for every legal proceeding, however it is effective for cases in which both parties seek an amicable solution, without the need of hiring legal representation. Cases that have complex legal issues, emotional dynamics, and power imbalances may not be best suited for this process.

Will Pro Se Mediation Work for Me?

Woman signing a divorce decree
Key Indicators

Cases that involve complex legal issues or significant monetary stakes are not usually fit for a proceeding such as Pro Se Mediation. Issues that are more straightforward, or where both parties have a similar goals/perspective, would be better suited to follow through with this process.

Circumstances in which both parties have a genuine interest in reaching a mutually acceptable solution through negotiation and active participation will be best suited for this process. Any feelings of hostility or lack of trust would raise a concern towards the effectiveness of Pro Se Mediation.

Pro se mediation would not be effective or appropriate in situations where there is a history of domestic violence, intimidation, or abuse between the parties. If there is a power dynamic where one party has more knowledge, resources, or influence, pro se will not be able to serve its intended purpose and could lead to unfair outcomes for the other party.

Parties who can clearly articulate their perspective and understand each other’s viewpoints would be suitable for a pro se mediation. On the other hand, situations that involve any language barriers, disabilities, or limited literacy will experience less effectiveness and can lead to an unfair and unequal process.

With pro se mediation, it is important for parties to have a certain level of knowledge on their legal rights and obligations, along with court-provided resources that can help expand individual knowledge and understanding. Parties that don’t have a basic understanding of these rights and obligations may end up in a situation where they are agreeing to unfavorable outcomes.

Pro se mediation is more suitable if the potential outcomes are non-binding or require court approval (e.g., custody agreements or settlement stipulations), ensuring an additional layer of oversight.

Understanding all of your options when approaching a family law case will help you make a more suitable decision based on your individual circumstances. In legal cases, there is no “one size fits all” solution, making a tailored approach necessary in ensuring that you feel satisfied in the end. If you are looking to schedule a Pro se mediation, you can find our availability on the Mediation Scheduling page and fill out the form, or call us!

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Our knowledgeable team at Digby Family Law, PLC welcomes the opportunity to assist you.

Contact us today via our online form or by phone at 615-997-3741 to schedule a consultation.