Mediation

Facilitative mediation is a structured conversation guided by a neutral mediator trained to support fairness and clarity. The mediator helps the spouses talk through issues, understand each other's concerns, and identify solutions but does not decide the outcome.

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​Parties mediate without attorneys present, though each party may choose to consult a lawyer privately between sessions. 

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The process generally includes:

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• Orientation and ground rules. You meet with the mediator to understand the process, confirm that mediation is appropriate, and set expectations about communication, confidentiality, and respectful conduct.

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• Each person's perspective. Both parties have time to share what matters to them, without interruption. The mediator helps clarify values, needs, and goals. 

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• Issue identification and information gathering. The mediator helps the parties identify the topics that need resolution, such as:

  • Property division​

  • Debts and financial responsibilities

  • Parenting schedules

  • Decision-making for children

  • Child support

  • Spousal support

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Parties exchange financial information directly, ensuring both have what they need to make informed decisions. 

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• Guided negotiation and problem-solving. Using facilitative techniques, the mediator helps the parties:

  • Understand each other's interests

  • Explore options

  • Reality-test proposals

  • Evaluate fairness and practicality 

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The mediator does not give legal advice, but may provide general legal information to help the spouses understand the framework they're working within.

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• Drafting the agreement. When agreements are reached, the mediator prepares a memorandum of understanding or settlement agreement capturing all terms. Each party is encouraged to review the document independently and with their lawyer.​

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Facilitative mediation sessions occur:​

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• Virtually via secure video conference

• In the mediator's private office

• In a neutral, confidential environment designed for healthy communication

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All discussions remain confidential, and nothing said in mediation becomes part of the public record unless both parties choose to include it in their final agreement.

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Mediation is often chosen because it offers:

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• Control and autonomy. You and the other party keep full control over all decisions.

• Privacy. Your conversations and agreements remain private and confidential. 

• Lower cost. Mediation without attorneys present is typically the most cost effective route

• Efficiency. The process moves at your pace, without court delays and deadlines.

• Respect and dignity. Sessions are designed to preserve communication, balance, and mutual respect.

• Strengthened co-parenting relationships. ​​​For parents, the cooperative tone often sets a healthier foundation for the future. 

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Mediation honors your ability to craft solutions that make sense for your family, without outside imposition.

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Shih Legal offers facilitative mediation for couples who want a calm, structured environment and prefer to work without attorneys present. Our mediation process is guided, balanced, and centered on clarity and fairness. 

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We help parties:

• Understand the issues they need to resolve

• Communicate openly and respectfully 

• Explore options thoughtfully

• Reach agreements that feel fair and sustainable 

• Prepare documents for final review

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This model is helpful when:

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• Both parties want to avoid court and minimize conflict

• Each person can express themselves without fear or intimidation

• There are no significant power imbalances or safety concerns

• The parties are willing to be transparent about finances

• Each party can engage in problem-solving without needing an advocate in the room

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If either party needs more direct legal guidance or advocacy, the mediator may recommend involving consulting attorneys or considering a different process.

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