FAQ – Filing the Petition
Do we need to file the petition before we start mediation?
It can be confusing to understand what steps the mediator can and cannot assist the parties in a divorce action.
A common concern is whether the parties need to open their court file before they start mediation.
No. The parties do not need to file their petition with the court before their first mediation session. It is also okay, however, if the petition already is on file.
If the court case has not yet been opened, I leave time at the end of the parties’ first session to draft the petition and entry of appearance. I serve as a scrivener and draft the petition and entry of appearance. The petition informs the court that the parties are opening a court case. The entry of appearance informs the Court that both parties are participating in voluntary mediation and neither needs to be “served” at home or at work by a process server or sheriff's deputy.
Can we still do mediation, even if one of us has already filed the petition?
Yes – of course! I will work with the parties and court to learn the date of the next scheduled court date. Working together, I communicate with the court regarding the progress being made through the voluntary mediation process. Courts want families to healthfully problem solve and make decisions regarding their children. If a court case has been pending too long, a judge may request a status conference. Once I'm on board, serving as the family's mediator, I am happy to assist with informing the court as to the status and progress for a full and complete agreement.
