About Bend Family Mediation*

Family law and elder problems almost always involve some degree of conflict. That conflict often grows worse as the problem makes its way through an adversarial legal system. Bethany offers a way of expressing your needs and wants to the other person(s) in a way that is respectful, nonthreatenting, and makes sure that you are heard, and then solidifying the mutual resolution in a comprehensive attorney-drafted agreement. 

The first step in choosing the mediation process is to become educated. Bethany conducts a one-hour mediation orientation session for potential clients free of charge.

Divorce Mediation

It is most important for mediation clients to understand:

1.  Mediation Defined. Mediation is a process in which a mediator assists and facilitates two or more people to a controversy in reaching a mutually acceptable resolution of the controversy and includes  all contacts between a mediator and any person or a representative of a person, until such time as a resolution is agreed to by the parties or the mediation process is terminated. 

2. Bethany is not Lawyer for Either Party. As an Attorney Mediator, Bethany will not act as a lawyer for any Client against another Client in the matter in mediation or in any related proceeding. Bethany is not the attorney of either Client and will not represent either Client  in the event agreement cannot be reached or if future conflict between Clients arises.

3. Informed Consent. Both you Attorney Mediator has clearly informed the parties of and obtained the parties’ consent to the Attorney Mediator’s role as mediator.

4. Preparation of All Documents in Your Case. If you work with Bethany as your mediator, she will prepare documents that memorialize and implement the agreement reached in mediation (such as a marital settlement agreement). If both clients consent and direct Bethany to do so, she records and files the documents in court. This includes a final judgment and all divorce initiating and closing documents. If both clients consent and direct Bethany to do so, she records and files the documents in court. This includes a final judgment and all divorce initiating and closing documents (like the petition, judgment, waiver of the 90-day waiting period, etc.)

5. Not Adversarial. Bethany drafts the divroce documents with the clients designated as unrepresented co-petitioners. By signing as co-petitioners, neither party will be served, and both Clients will sign all court documents.

6.  Legal Advice and Permanency of Agreements. Bethany always recommends that each client seek independent legal advice before executing the documents.  In some cases, Bethany will require one or both of the parties to meet with a lawyer at least once before signing the mediated agreement. Any agreement reached in mediation and filed with the court is final and binding and, with regard to property and non-award of spousal support, cannot be changed later (under most circumstances).

7. Confidentiality.  Any and all discussions had and disclosures made in mediation are confidential and neither client may require Bethany to testify about statements made in mediation, with the exception of issues Bethany is required to disclose pursuant to mandated child abuse reporting laws and rules prohibiting assistance with the commission of criminal acts. All negotiations in mediation are privileged under Oregon Evidence Code 408 and ORS 36.220.

Bend Family Mediation Can Help You Keep the Court Process from Tearing Your Family Apart

The traditional legal system is based on an adversarial process where opposing parties must "fight it out" in order to bring all the information before the judge who makes the decision. "Fighting it out" forces people to do and say things in court and in court documents which often cause irreparable harm to their relationships with each other, their children, friends, and other family members. When you go to court on a family law matter, at best the Judge gets only a small "snapshot" of your life. Based on that small "snapshot," the Judge makes a final decision which the whole family must live with.

Bend Family Mediation can help you control the final outcome of your dissolution through facilitated communication (either face-to-face or more insulated). Even after the divorce is over, spouses continue to share the common experience of their married years and their children. The best interest of the children as well as the spouses is for mutual respect and co-parenting to continue. This is best accomplished by Bend Family Law's non-adversarial legal model designed to help families meet their legal goals with respect, cooperation, and a reasonable price tag.

Bend Family Mediation Can Lead You Through The Court System and Help You Find Resolution

As an attorney-mediator, Bethany is able to draft all documents necessary to effectuate any agreement that you may come to, such as settlement agreements, and all documents necessary to implement that agreement - from the initiating court document documents, all the way through to closing documents. 

Outside Professionals Can Provide the Necessary Advice to BOTH Parties for Thorough Decision-Making
Individuals facing divorce and other probate/will disputes not only face an emotional restructuring, but also a financial restructuring of their lives. Divorcing spouses must decide how to divide their homes, properties and personal properties such as vehicles, jewelry, art, antiques, bank accounts, and retirement accounts, to name a few. They also have to figure out how they will support themselves in separate households after the dissolution. Bend Family Law is committed to separating the emotional from the financial in order to assist you in achieving balance and long-term stability in your new life after divorce.

Bend Family Mediation Can Provide Assistance With and Access to the Legal System for People Who Cannot Afford Traditional Legal Services

* Some family situations are not appropriate for medation, such as family issues concerning domestic violence, child abuse, and pending criminal proceedings. If you think you may be facing one or more of these issues, please consult with law enforcement, the Oregon Department of Human Services, or an attorney, at once.