Mediation
Neutral guidance for families seeking resolution outside the courtroom.
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At Capistrant Family Solutions, mediation provides a respectful, confidential setting where families can communicate effectively, make informed decisions, and reach lasting agreements. We offer three tailored approaches to meet each family’s unique needs.
Types of Mediation
Standard
Mediation
A confidential process where a neutral mediator facilitates communication and negotiation between parties to resolve disputes respectfully.
Child-Inclusive
Mediation (CIM)
An approach that brings the child’s voice into the process through a trained Child Specialist, helping parents make child-centered decisions.
Moderated Settlement Conference (MSC)
A structured session that adds professional legal insight to traditional mediation, helping parties achieve fair, informed settlements efficiently.
Standard Mediation
Mediation is a confidential, voluntary process in which a neutral third party—the mediator—facilitates discussions between parties to help them resolve or narrow disputed issues. Both individuals and their attorneys often benefit from the mediator’s role in guiding productive conversations and offering potential settlement options.
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Mediation sessions may involve joint meetings with all parties present, or more commonly, separate sessions (caucusing) to maintain confidentiality and promote a safe, focused environment for negotiation. In today's virtual landscape, most mediations are conducted via Zoom, which allows for the use of private breakout rooms to replicate the confidentiality of in-person sessions.
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Mediation may result in a full agreement or help clarify and reduce the number of unresolved issues. In some cases, multiple sessions may be scheduled, each focused on specific topics. Often, the process helps identify what additional information is needed to reach final resolution.
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Importantly, anything discussed, proposed, or evaluatively offered by the mediator during mediation is inadmissible in court, unless the parties reach an agreement and choose to be bound by its terms. When an agreement is reached, it is typically formalized in a binding mediation agreement signed by all parties (and counsel, if represented), which also waives confidentiality to the extent necessary to enforce the agreement.
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Traci Capistrant is a Rule 114 Qualified Neutral with extensive training and years of experience providing mediation services in complex family law matters. She offers a balanced, empathetic, and solutions-focused approach to help parties reach resolution outside of the courtroom.
​Child Inclusive Mediation (CIM)
Child Inclusive Mediation (CIM) offers a thoughtful and effective way to bring the child(ren)’s perspective into the mediation process—without involving them directly in legal proceedings. This approach centers the voice of the child in a developmentally appropriate, respectful manner, allowing parents to make more informed, child-focused decisions.
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The process involves working with a Child Specialist—a neutral, highly trained mental health professional—who meets with each parent and the child(ren) prior to the mediation session. The specialist gathers insight into the child’s experience of living between two homes and other concerns relevant to their age and stage of development. Importantly, children do not weigh in on legal or parenting decisions; rather, their thoughts and feelings are shared through the Child Specialist to help parents better understand their child’s perspective.
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As in traditional mediation, Child Inclusive Mediation is completely confidential. The information shared by the child(ren), the impressions of the Child Specialist, and any feedback or proposals discussed during mediation are not admissible in court. Children are also empowered to decide what information is shared with their parents, reinforcing their sense of safety and control in the process.
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The Child Specialist typically meets first with the parents, then with the child(ren), sometimes over multiple sessions. They then provide feedback during the mediation session, helping to frame the child’s experiences in a way that supports resolution and promotes decisions that serve the child’s best interests. This feedback often proves invaluable to parents as they work toward meaningful, developmentally appropriate parenting agreements.
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Traci Capistrant serves as the mediator in Child Inclusive Mediation sessions and works closely with experienced Child Specialists. She can recommend trusted professionals to support families in this unique and impactful process.
Moderated Settlement Conference (MSC)
A Moderated Settlement Conference (MSC) is a structured, confidential meeting designed to help parties in a family law case reach a voluntary agreement outside of court. It is similar to mediation but includes the added benefit of having experienced family law professionals—usually attorneys or former judicial officers—present to offer neutral feedback and realistic perspectives on how a court might decide the case.
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What to Expect in an MSC:
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The session typically includes both parties and their attorneys, along with a neutral moderator who guides the process.
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Each side has the opportunity to present their case and concerns.
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The moderator may offer evaluative input, pointing out strengths and weaknesses in each party's position, and encouraging settlement.
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The goal is to help parties negotiate a fair resolution, informed by legal experience and focused on avoiding the cost, stress, and uncertainty of trial.
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Key Features:
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Confidential – Nothing discussed can be used in court if a settlement isn't reached.
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Voluntary – Agreements are only made if both parties consent.
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Efficient – MSCs often lead to resolution in just one or two sessions.
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Child-Focused – If children are involved, the process aims to support their best interests.
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Traci Capistrant offers Moderated Settlement Conference services, using her decades of family law experience to help clients resolve disputes respectfully, efficiently, and with informed guidance.