Mediation is a form of alternative dispute resolution where a neutral third party, the mediator, facilitates you and the opposing party, typically your spouse or the other parent, in negotiating a settlement in your case. There are several potential benefits to mediation.
Benefits of Mediation
Privacy
Mediation is confidential. No one will know what goes on at the mediation except for the mediator, the parties and their attorneys. If you are able to negotiate a settlement, you do not have to air your dirty laundry in court.
Flexibility
You and your spouse or the other parent can negotiate a plan that is tailor-made for your needs and situation. You probably will not get that result from litigation.
Cost-Effective
If both parties are serious about resolving their differences out of court and coming to a settlement, mediation is typically far more cost-effective than protracted litigation.
Reduces Conflict
Mediation does not have the adversarial nature of litigation and can often reduce the conflict level between the parties. If you have to co-parent with this person in the future, less conflict in divorce helps contribute to a better long-term working relationship. In addition, there is a wealth of information out there that indicates that children of divorce fare far better when the conflict between the parents is kept to a minimum.
Mediation is a method of alternative dispute resolution where a third party neutral, typically a lawyer, facilitates a settlement agreement in your case.
Mediation is confidential and mediators are impartial.
The mediator does not “decide” or “rule” on the outcome; the mediator’s role is assisting in identifying issues, facilitating communication, focusing interests, exploring alternatives, and helping the disputing parties reach a mutually acceptable resolution.
Mediation is about self-determination — you get to decide the outcome of your case.
Mediation is an option in any civil case but is especially useful in the family law context due to the interests of privacy, flexibility and creativity in finding an arrangement that works for your family, and avoiding the slings and arrows of the courtroom.
When it comes to getting a divorce not everything has to be a knock-down, drawn-out affair for both parties. Divorce mediation can help avoid court and resolve numerous questions. Mediation is one of the most frequently used methods of alternative dispute resolution when it comes to negotiating a divorce settlement.
Here are a few facts about Mediation that will help answer common questions about the process.
What is Mediation? Mediation is used to settle disputes when two parties are unable to agree or settle a disagreement. It is not binding unless an agreement is reached.
What is a mediator? In mediation, several people will be present such as, the parties, their attorneys, and the mediator. A mediator is a neutral party that is specially trained to help the parties create a fair and reasonable divorce agreement. The goal for every mediator is to reach an agreement that both parties are happy with, or that they can at least live with.
What is discussed in Mediation? Several divorce matters are discussed while in mediation. You and your soon to be ex-spouse need to decide more than a few important issues. The most common issues that are discussed are: distribution of property/assets/liabilities, child custody, child support, retirement, taxes, and more.
How long does mediation take? The length of mediation can vary on what issues have to be agreed upon. Also, the length of time spent in mediation can be determined by you and your spouse’s willingness to cooperate and come up with an agreement. Divorce mediation can be completed in as little as a couple of hours to an entire day.
What happens after Mediation? Depending on if both parties have come to an agreement or not will determine what will happen after mediation. In most cases, mediation results in the parties leaving with a written and signed agreement. The agreement will lay out every detail that the parties agreed on. The agreement is then filed in the Court and will be ratified by a Judge.
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