Mediation Services
A Litigation Alternative
Not every issue or legal dispute belongs in a courtroom. Mediation provides a structured, private process for resolving disagreements with the guidance of a neutral third party. Rather than asking a court to decide the outcome, the people involved work together to identify their priorities, understand their options, and create an agreement that is tailored for their particular circumstances. Through guided, solution-focused conversations, mediation empowers both parties to actively participate in crafting agreements that reflect their unique needs and priorities without the stress and expense of litigation.
At Lee Ohlmann Law, Nicky Blumm brings his experience as a family law attorney, negotiator, and mediator to help people navigate difficult disputes with clarity and purpose. His approach is practical and solution-focused: understand the issues, identify what matters most, and work toward a resolution that allows everyone to move forward.
A Different Approach to Conflict
Legal disputes can become expensive, time-consuming, and emotionally exhausting. Litigation places the ultimate decision in the hands of a judge and requires parties to operate within a process designed for resolving disputes through the legal system. Mediation offers a different pathway.
In mediation, parties are in control of the outcome. Mediators do not represent either party and do not make decisions for the parties. Instead, mediators help parties communicate effectively, identify areas of agreement and disagreement, evaluate possible solutions, and work toward a mutually acceptable resolution. Mediation does not require or expect parties to agree from the beginning. In fact, people often seek mediation precisely because they have been unable to resolve an issue on their own.
The goal of mediation is not simply to reach an agreement. It is to help parties reach an informed agreement that addresses the big issues and provides a workable path forward.
Why Choose Mediation?
You Control the Outcome
In a litigation proceeding, a judge ultimately decides the contested issues. In mediation, parties decide whether to accept any proposed solution.
Flexibility
Court proceedings operate according to specific procedural rules and backed-up court calendars. Mediation can be structured around the needs of the people involved and can focus on the issues that actually need to be resolved. Additionally, it can occur on a timeline that is practical for parties.
Privacy
Mediation provides a private and confidential setting for difficult conversations. Oregon law provides confidentiality protections for mediation communications, subject to statutory exceptions.
Focus on Solutions
Mediation is designed to identify workable solutions rather than simply establish who is right or wrong. Avoiding placing blame during mediation allows parties to establish better long-term working relationships— this is especially important in the context of parties who must be co-parents.
Potentially Less Time and Expense
Resolving disputes through mediation can reduce the time and expense associated with prolonged litigation. Of course, savings will vary depending on the complexity of the dispute, the parties' ability to negotiate, and how much work remains after mediation.
A More Durable Agreement
When parties participate directly to create an agreement, they have the opportunity to develop solutions that a court may not have the authority or information to impose. Mediation is a venue in which creative solutions are welcome.
What Does a Mediator Do?
A mediator is a neutral third party. Mediators do not represent either participant and do not decide who is right or who should prevail. Instead, a mediator helps parties:
- Identify the issues that need to be resolved
- Understand the legal and practical framework surrounding those issues
- Gather and organize relevant information
- Identify their priorities and interests
- Generate and evaluate possible solutions
- Communicate more effectively
- Negotiate proposed terms
- Identify unresolved issues and potential paths toward agreement
- Memorialize agreements reached during the mediation process
As an attorney, Nicky also understands the legal framework surrounding family law disputes. That experience helps parties understand the legal considerations affecting their choices, while preserving the mediator's neutrality.
A mediator's role is different from that of an attorney representing an individual party. A mediator does not provide either participant with individualized legal advice or advocate for one party against the other; rather a mediator helps parties wade through complex legal dynamics on an even footing.
What Does the Mediation Process Look Like?
Every mediation is different. The process is tailored to the issues involved, the needs of the parties, and how much work has already been done before mediation begins. The following is an example of how Nicky typically proceeds in a mediation.
1. Initial Consultation
Before mediation begins, we discuss the nature of the dispute, the issues that need to be resolved, and whether mediation appears appropriate for the circumstances. This can be a single conversation between the parties and Nicky or separate conversations for each party with Nicky.
2. Gathering Information
The parties identify the information necessary to make informed decisions. This likely includes collecting and sharing financial information, parenting schedules, property records, retirement accounts, business information, and other relevant documents.
3. Identifying Priorities
Not every issue has the same importance to every person. Mediation provides an opportunity to identify what matters most and distinguish between essential issues and areas where flexibility may be possible. Again, this process can take place collectively, or individually between each party and Nicky.
4. Negotiating & Problem-Solving
Nicky guides the parties through the disputed issues, helps clarify areas of disagreement, and assists them in evaluating potential solutions. This likely occurs over the course of a single, collective session, or a series of sessions.
5. Agreement
When parties reach agreement, the terms are documented so that everyone understands what has been decided and what remains to be completed. From there, Nicky will draft the legal documents necessary to file with the appropriate court. After both parties review, Nicky will file those documents and then distribute executed copies to the parties.
Notably, mediation does not always solve every issue, but it can help pare down the issues that proceed to litigation, which saves time and money. The purpose of mediation is not to pressure either party into accepting an outcome. It is to create a process in which the parties can make informed decisions about whether an agreement is acceptable to them.
Family Law Mediation
Family law disputes are particularly well suited to mediation because the decisions made during a dissolution or modification often affect families for years to come. Nicky mediates a wide range of family law disputes, including:
Divorce & Legal Separation
Mediation can help spouses resolve the financial and family issues involved in divorce or legal separation without asking a judge to determine the terms of their future.
Property & Debt Division
Mediation can provide a structured setting for addressing real estate, retirement accounts, investments, business interests, personal property, debts, and other financial issues.
Spousal Support
Spousal support can involve significant financial uncertainty for both parties. Mediation allows the parties to explore different approaches to the amount, duration, and structure of support. Ideally, this helps parties develop a solution that is tailored and workable for their circumstances.
Custody & Parenting Time
Parents can use mediation to develop parenting plans that address center the children's best interests in terms of the children's schedules, transportation needs, communication preferences, and other practical issues that apply to the parties' situation.
Child Support
Mediation can help parents understand the applicable child support framework and work through issues involving income, parenting time, childcare, health insurance, and other expenses.
Post-Judgment Disputes & Modifications
Mediation can also be useful after a divorce or custody case has already concluded. Changes in employment, relocation, children's needs, parenting schedules, and other circumstances can create new disagreements that may be resolved without returning to court.
Mediation for Complex and High-Asset Matters
Mediation can be particularly valuable when a dispute involves complicated financial or legal issues. Nicky's family law practice includes high-asset dissolutions involving business interests, real estate, retirement accounts, property valuation, and spousal support. That experience allows him to understand the legal and financial issues that can make a negotiated resolution difficult.
Mediation does not mean avoiding difficult issues. It means addressing those issues in a process designed to give the parties greater control over the resolution.
For appropriate cases, mediation may also involve outside professionals such as financial advisors, accountants, appraisers, or other specialists.
Please contact our office to see how Nicky Blumm can help resolve your conflicts through mediation.
Mediation FAQ's
What is mediation?
Mediation is a form of alternative dispute resolution in which a neutral mediator helps two or more parties resolve a dispute. The mediator facilitates communication and negotiation but does not act as a judge or advocate for either side.
What is divorce mediation in Oregon?
Divorce mediation is a form of alternative dispute resolution in which a neutral mediator helps spouses— or parents involved in a custody dispute— work toward a voluntary agreement.
Unlike a judge, a mediator does not decide the case and cannot force either party to accept a particular outcome. Instead, the mediator facilitates discussion, helps clarify areas of disagreement, identifies potential solutions, and assists the parties in reaching an agreement that both can accept.
The mediator's role is to guide the conversation rather than take sides. If an agreement is reached, the parties' attorneys or the parties themselves prepare the necessary legal documents for submission to the court. Once approved by the court, those agreements generally become legally binding.
If mediation does not resolve all of the issues, the remaining disputes can still be decided by a judge.
Is mediation required for divorce or child custody in Oregon?
Private divorce mediation is generally a voluntary process. However, Oregon courts may require some form of mediation in certain family law cases, particularly disputes involving child custody or parenting time. Requirements and procedures vary by county.
Can the mediator tell us what the law says?
A mediator with legal experience can explain the legal framework relevant to the dispute and help parties understand the legal issues they need to consider. However, the mediator remains neutral and does not provide individualized legal advice to either party.
Is mediation voluntary?
Private mediation is generally a voluntary process. The parties must be willing to participate in the process and negotiate toward a resolution. Some courts may also require parties to participate in mediation in particular types of cases.
Can the mediator prepare our agreement?
Depending on the nature of the matter and the parties' circumstances, the mediator may assist with documenting the terms reached in mediation. Parties should understand the distinction between a mediator documenting an agreement and an attorney providing individualized legal advice about whether that agreement is in a particular party's best interests. At Lee Ohlmann Law, Nicky is happy to prepare documents describing agreements reached between parties. He is also happy to facilitate filing those documents with Oregon courts.
Can we mediate just one issue?
Yes. Mediation does not necessarily have to address an entire case. Parties may use mediation to resolve a specific issue— such as parenting time, a property dispute, or spousal support— while leaving other issues for negotiation or litigation.
How much does divorce mediation cost in Oregon?
Divorce mediation costs depend on the complexity of the issues, the amount of preparation required, and the number of sessions needed. Matters involving significant assets, business interests, property valuation, or complicated support questions may require more preparation than cases involving fewer disputed issues.
Mediation often costs less than litigating a contested divorce, although the total cost depends on how much the parties can resolve and whether additional legal or financial professionals are needed. When evaluating mediation, it is helpful to consider not only the mediator's fees but also the potential cost of the overall dispute-resolution process.
How long does divorce mediation take?
The length of divorce mediation depends on the number and complexity of the issues in dispute, the parties' preparation, and their ability to exchange information and consider proposals. Some matters may be resolved in one or two sessions, while others require several sessions over a longer period. What's almost certain is that the mediation process can begin and initial mediations can be scheduled far before a day in court would be possible.
Notably, mediation can also address issues incrementally, allowing parties to resolve areas of agreement without waiting for every issue to be settled.
Is mediation confidential?
Yes, mediation is confidential. The discussions that occur during mediation generally cannot be used later in court if negotiations fail. Oregon law generally protects mediation communications from disclosure, subject to statutory exceptions. The scope of confidentiality can depend on the circumstances and type of mediation. We will explain the applicable confidentiality rules as part of the mediation process.
Is a mediated divorce agreement legally binding in Oregon?
A mediated agreement can form the basis of a legally enforceable settlement, but the legal effect depends on the type of agreement, the applicable law, and whether any required court documents or approvals have been completed. Generally, if a mediation agreement is signed, that agreement may become enforceable.
In the context of dissolution, parties must, in addition to a mediated agreement, prepare and submit the appropriate settlement documents and obtain a judgment from the court to complete the dissolution. Before signing or finalizing an agreement, each party should understand the terms, their legal consequences, and any remaining steps necessary to make the agreement effective. An attorney that serves as a mediator, like Nicky, can prepare help transform a mediated agreement into a judgment for the court.
Do we have to be able to agree on everything?
No. The purpose of mediation is to work through disagreement. Parties often do not begin with any of the same positions, and they do not need to agree on every issue for mediation to be useful.
Can we mediate our divorce before filing in court?
In many cases, parties begin private mediation before filing for divorce. Addressing disputed issues early may help the parties reach agreement before substantial litigation costs are incurred.
Can mediation help us create or modify a parenting plan?
Yes. Mediation can help parents develop an initial parenting plan or address disagreements about an existing plan. Topics may include weekly schedules, holidays, vacations, transportation, communication, decision-making, and changes in a child's needs.
When an existing court order is involved, any necessary modification should be properly documented and completed through the applicable legal process.
What if my spouse refuses to participate in mediation?
Private mediation generally depends on both parties' willingness to participate. If the other person is unwilling to mediate, you may need to consider direct negotiation through attorneys, court-connected dispute resolution where applicable, or litigation.
Even when one party is initially reluctant, it may be possible to revisit mediation later if circumstances change or the parties identify a mutually acceptable process.
Can mediation take place remotely?
Depending on the circumstances and the mediator's arrangements, mediation may be conducted by videoconference or in person. At Lee Ohlmann Law, Nicky is happy to mediate remotely or in person, depending on the parties' preferences. Remote mediation can be convenient when the parties live in different locations, have demanding schedules, or prefer not to meet in the same physical space.
Do I need a lawyer if I use mediation?
No. You are not required to have a lawyer to participate in family-law mediation in Oregon. The mediator is neutral and cannot provide either party with individual legal advice.
A lawyer can explain your rights, help you prepare, evaluate proposed terms, and review the agreement before it becomes binding. Legal advice is particularly valuable when the case involves significant assets, support, complicated custody issues, domestic violence, or a major imbalance in bargaining power.
What is the difference between a divorce mediator and a divorce attorney?
A divorce mediator is a neutral third party who helps the spouses negotiate an agreement. A divorce attorney represents an individual client, provides legal advice, and advocates for that client's interests.
These roles are different, even when the mediator is also an attorney. A mediator does not become either party's attorney simply because the mediator has legal training. Parties who want advice about their individual rights and the consequences of a proposed settlement should consult their own attorneys.
What happens if mediation fails?
If an agreement cannot be reached, either party retains the right to ask the court to decide the unresolved issues.
