Nebraska Divorce Mediation

How Nebraska Divorce Mediation works?

Any individual who desires to mediate may contact a mediation center and request for mediation. Alternatively, lawyers, Courts, friends, social services etc may make a referral of such an individual. When both the parties accede to mediate, the mediation center finalizes the time and place that is convenient for all those involved. The venue of mediation may be anywhere in the state. If the individual is unable to pay for the mediation, still the services are not denied.

Post Nebraska Divorce Mediation procedure

• During the mediation, if any resolution or agreement is reached and is either in written or oral form, then this can serve as a contract amongst the parties
• If the dispute amongst the divorcing partners is in a pending state in an administrative process or a Court, the agreement can be forwarded to the agency or Court for approval
• In order to ensure follow through of the agreement or resolution, the parties might plan to meet at a future date
• During the mediation, if the parties fail to reach an agreement then they have not waived their rights and can continue with other options of resolving their conflict.

ODR (Office of Dispute Resolution) – approved Mediation

With the intention of promoting, developing and using the practice of mediation in this state, the Nebraska Legislature in 1991 passed the Nebraska Dispute Resolution Act (NRS Section 25 – 2901). The ODR was created in the Administrative Office of the Courts / Probation. The objective of this office was to support and oversee the development of the mediation centers. There are 6 regional non-profit mediation centers. The ODR has approved these and offers a yearly grant to them. At these mediation centers mainly an interest based facilitative mediation procedure is used. A state ODR advisory council consists of members from various backgrounds like –

• Social Services
• Education
• Mental health
• Faith-based community
• Lawyers
• Judiciary

Advantages of Mediation

• As attorneys and several other people can take part in mediation, it is flexible
• Confidential and private nature
• Less costly
• A usual mediation session extends for about 2 hrs. As soon as all parties assemble at the table the session can be begun and issues can be settled quickly
• Interest based mediation encourages enhanced personal and professional relations by means of constructive problem solving and facilitated communication
• An unbiased mediator assists the parties regarding their facts and feelings
• Parties can maintain control over the outcome of their issues

Duties of the mediator

• The mediator should know outside resources and should advise the parties to approach them whenever apt
• Whenever essential, the mediator should advise parties to procure legal review of agreements
• The mediator is not authorized to impose or make any penalty or adjudicatory sanction on the participants
• If the agreement would be unconscionable as per the judgment of the mediator, then the mediator can terminate the mediation
• When the parties are unable to agree, the mediator can stop the process
• The termination of a mediation by the mediator should not be due to prejudice to either party

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