Family legal disputes—whether involving divorce, custody of children, co-parenting or post decree enforcement or modification–bring much uncertainty and leads to emotional stress and increased dissension. In these modern times, not every disagreement needs to be decided in a courtroom by a judge. You can seek the support and expertise from a trained mediator or trained counselor to help you with these decisions on your own without the need of an outside decision-maker (judge). Mediation is a flexible, informal, private, and faster alternative that allows people to resolve conflict in a creative, productive and respectful way.
At McMurdie Law & Mediation, we specialize in helping individuals and families reach mutual agreements that preserve dignity, reduce stress, and support long-term solutions. If you’re curious about whether mediation could work for you, here are answers to seven of the most common questions we receive.
1. What Is Mediation?
Mediation is a voluntary process in which a skilled neutral third-party mediator helps individuals in conflict reach mutually acceptable agreements. Unlike a judge, a mediator does not decide the outcome. Instead, they guide the conversation, help clarify goals, and support both parties in crafting workable solutions.
It’s especially useful in family law matters—like divorce, parenting plans, or modifying court orders—where preserving communication and relationships can be just as important as reaching a legal resolution.
2. How Does the Mediation Process Work?
At McMurdie Law, mediation is structured to be clear, private, and solution-oriented. Here’s what the typical process looks like:
- Initial Contact: One or both parties contact the mediator by email or phone to schedule mediation. No court order is required; private parties may initiate mediation themselves.
- Intake Process: The Mediator then gathers basic information about the parties, the nature of the dispute, and the desired outcome. Often there is a first initial meeting to ascertain the full parameters of your mediation needs.
- Mediation Session(s): In a confidential setting, the mediator facilitates a focused discussion. Both parties have a chance to speak, express concerns, and explore options. Sessions may be scheduled in blocks or across multiple meetings, depending on complexity of your issues. At McMurdie Law & Mediation we request the parties to choose the most important issues to address first or at each planned mediation session. We also request that the parties prepare those items necessary for that mediation such as appraisals on homes, blue book valued of cars and current bank and credit card statements.
- Agreement Drafting: Once agreements are reached, we prepare a summary or memorandum of understanding.
- Legal Finalization: In most cases, final documents that become orders are prepared for the Court signatures and once approved and signed, those written documents become enforceable orders.
- Our approach gives clients structure and guidance without the rigidity of court proceedings.
3. What Are the Benefits of Mediation?
Mediation offers several advantages over litigation, especially for families and co-parents:
- Cost-Effective: Mediation is typically far less expensive than going to court with your retained attorneys.
- Time-Saving: It avoids long waits for court dates and allows flexible scheduling often these days via zoom.
- Private and Confidential: Mediation occurs in a private setting, not in public courtrooms. All parties and mediators are bound to confidentiality and what is stated in mediation is not allowed to be repeated or testified to in a court setting.
- Preserves Relationships: Mediation encourages respectful communication and reduces hostility, which is particularly important for co-parenting.
- Empowering: Both parties actively participate in shaping the agreement, rather than having one imposed by a judge.
These benefits align with McMurdie Law’s mission to help families resolve conflict with dignity and control.
4. Who Can Use Mediation?
Mediation is available to any private party involved in a family law dispute. This includes:
- Divorcing or separating couples
- Co-parents working on parenting plans
- Individuals seeking to modify existing legal orders
- Unmarried parents or former partners
- Families dealing with property or support disputes
- Third parties or non-biological parents now raising the children who need court authority to continue to raise children
You don’t need a lawyer to initiate mediation, although we encourage parties to consult with legal counsel before, during and after the session(s).
5. Is Mediation Legally Binding?
Mediation agreements can be formalized into binding legal documents. If both parties agree, the mediator can prepare a written summary or draft of the agreement, which can then be submitted to the court (when appropriate) or incorporated into a consent decree of dissolution of marriage or legal separation.
At McMurdie Law, we help ensure your agreement is clearly written and ready for court filing if needed, so you can move forward with confidence and peace of mind.
6. How Do I Prepare for Mediation?
Preparation helps you get the most out of your mediation session. Here are a few tips:
- Clarify your goals: Know what outcomes are most important to you.
- Gather documents: Bring financial records, parenting calendars, or any information relevant to the discussion.
- Be ready to listen: Mediation requires openness and a willingness to consider the other party’s perspective.
- Stay solution-focused: The goal isn’t to “win” but to resolve the issue in a way that works for both parties.
Our team will help guide you through the preparation process so that you arrive ready and informed.
7. Why Choose McMurdie Law and Mediation?
Cristi McMurdie brings over 30 years of experience as a family law attorney, mediator, and collaborative divorce practitioner. She is passionate about helping clients resolve disputes in a way that promotes healing and stability, not more conflict. With her dual background in both litigation and peaceful resolution, she understands the legal landscape and can anticipate how mediated agreements will hold up in court.
McMurdie Law offers a calm, neutral space for honest conversation and effective problem-solving. Whether you’re starting mediation privately or at the recommendation of a lawyer, we are here to help every step of the way.
Get Started with Private Mediation Today
If you’re facing a family law issue and want a respectful, cost-effective alternative to court, mediation may be the right path for you. Contact McMurdie Law & Mediation to schedule your private session or to learn more about our services. We also offer mediation for attorneys seeking neutral, experienced support for their clients.
Let us help you move toward resolution—with clarity, compassion, and control.