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Indiana Family and Divorce Mediation

  • Learn About Family and Divorce 
    ​Mediation

What is Family Mediation?

Family mediation is a voluntary and confidential process in which individuals engage in constructive negotiations facilitated by a Registered Domestic Mediator to help families resolve disputes related to separation, divorce, child custody, parenting time, and other family matters. It allows both parties to work together to create a legal, binding agreement rather than receiving a court-ordered decision.

If children are involved, a mediator can assist parents in creating a new cooperative parenting agreement for the benefit of their child(ren).  Domestic mediators can also assist with division of property and assets, child support, as well as issues regarding elderly or disabled family members.

Mediation is often less stressful, more cost-effective, and faster than litigation, making it a preferred option for many families.

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How Does Family Mediation Work?

A mediator can be assigned by the court, or both parties may decide to seek mediation before going to court.

Mediators help identify and prioritize specific family issues that need to be resolved. They facilitate discussions within the Indiana ADR rules with the goal of all parties coming to a mutually beneficial agreement.  Once an acceptable agreement is reached, a mediator prepares a draft for both parties to review, revise and sign. The final agreement is then filed with the court.

Registered mediators are available in the Indiana Association of Mediators directory or by visiting Mediate.com.

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Divorce Mediation

Divorce mediation is an opportunity to make the greatest attempts at keeping your divorce proceedings civil. Mediation means that YOU are making decisions, not a third party. It also allows you to make thoughtful decisions about your personal finances and it costs significantly less than traditional court proceedings.

Divorce mediation can begin before or after the divorce has been filed with the court. In the state of Indiana, there is a 60-day minimum waiting period after the initial filing for a dissolution of marriage to become final. 


During the waiting period, divorce mediation can proceed to address all necessary matters such as division of property and assets, child support, and parenting plans (as applicable). The final terms of the Marital Settlement Agreement must pass judicial approval.

LITIGATIONMEDIATION
AffordableAverage $20,000 per person and up A fraction of the cost of litigation
QuickerAverage resolution is a yearResolution as short as 3 months
 Confidential Hearings and testimony are public record Negotiations are private
 More ControlJudge makes final decisions
 Parties come to a mutual agreement

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Parenting Plans

Parenting plans are detailed agreements that outline how parents will share responsibilities and time with their child after separation or divorce. They typically address custody arrangements, visitation schedules, decision-making responsibilities, and other important aspects of raising the child.


A parenting plan usually includes a description of where the child will live, how time will be divided between both parents, and how holidays, birthdays, and vacations will be handled. It also specifies how major decisions regarding education, healthcare, and religious upbringing will be made. Additionally, it may cover communication between parents, how disputes will be resolved, and how any necessary changes to the plan will be managed over time.


The purpose of a parenting plan is to provide clarity and stability for the child while ensuring that both parents remain involved in their upbringing. It helps to reduce conflict by setting clear expectations and guidelines. A well-thought-out parenting plan focuses on the best interests of the child, promoting consistency and cooperation between parents.


Parenting plans can be addressed within the dissolution of marriage proceeding, after the dissolution of marriage, or between individuals who have never married. 

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​​​Code for Families 
Co-Parenting and Divorce Education Course

Code for Families Course

The Code for Families 3-hour online course is an excellent resource for people dealing with divorce, co-parenting and paternity issues. It provides legal information about the legal process and helps prepare for what to expect. It is self-paced and is easy to navigate.

 

This course provides insights into the important decisions that need to be made, addressing finances and property, and how mediation can help avoid going to court. If you do find yourself in court, this course can instruct you on the basic legal procedures you will be expected to know. Judges often appreciate when parents take proactive steps to educate themselves, as it demonstrates responsibility and a willingness to act in the child's best interest.


Additionally, the Code for Families course teaches valuable co-parenting and conflict resolution skills that help reduce tension and improve interactions with the other party.


Whether you find yourself in family court with an attorney or decide to self-represent, or avoiding court through mediation, the Code for Families course provides you with the knowledge you need to make informed decisions for the best outcomes. 

Register for the Course

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​​​Questions and Answers

Q: Can we still mediate if the case has already been filed?
A: Yes. Parties can still agree to mediate after filing.

Q: How is mediation more affordable and quicker than litigation?
A: Mediation is typically more efficient than litigation because the costs and scheduling requirements of litigation such as discovery, depositions, and motions can be reduced.

Q: Do I need an attorney for mediation?
A: No, but as a neutral party the mediator does not provide legal advice.

Q: Does my attorney need to be present at mediation?
A: The parties and their attorneys must be present at all mediation sessions unless otherwise agreed.

Q: How successful is family mediation?
A: The success and compliance rates for mediated agreements are much better than litigated decisions. However, success in mediation requires both parties to negotiate in good faith.

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​​Resources

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