Mediation
Mediation:
Mediation is the process used in family law to help parties resolve their disputes and reach a mutually acceptable agreement with the assistance of a neutral third-party mediator. The mediator is trained to facilitate communication between the parties and guide them towards resolution that addresses everyone’s concerns.
During mediation:
During mediation, each party has an opportunity to express their position and concerns, and the mediator helps to identify areas of agreement and disagreement. The mediator may ask questions and offer suggestions, but does not make decisions for the parties.
What to know about mediation and why you need an attorney:
Mediation can be more cost-effective and less time-consuming alternative to going to court. It also allows parties to maintain more control over the outcome of their dispute and find solutions that are tailored to their specific needs and circumstances. While mediation is a voluntary process, it can be court orderd in some cases. However, it is still up to the parties to agree on the terms of any settlement reached during mediation. If a settlement is reached, it can be incorporated into a legal agreement or court order, making it enforceable.
Having legal representation during mediation is crucial, as an attorney can provide guidance and help you navigate the process by explaining the proceedings and their significance. Moreover, an attorney can prevent you from consenting to an unfavorable agreement, which would then be binding.
Commonly Asked Questions
The mediator’s role is to facilitate communication between the parties and guide them towards a resolution.
No, typically, in a mediation, the parties and their respective attorneys are placed in separate rooms, and the mediator shuttles between the rooms to facilitate negotiations. Once an agreement is reached, some mediators may have you meet in a common room to review the settlement terms. Since every mediator has a unique way of conducting mediations, it is important to inform us if you are uncomfortable being in the same room as your ex, regardless of the situation.
Yes, parties have more control over the outcome of their dispute in mediation and can find solutions that are tailored to their specific needs and circumstances. A lot of times we will encourage mediation because we may be able to negotiate something that would be far better for your situation than what a court would order and it costs less than going to trial. Mediation can create true autonomy over a situation that can seem powerless but it can sometimes seem even more powerless when a court makes a ruling that neither party wanted.
The discussions and negotiations that take place during mediation are confidential, which means that neither party can use anything said or done during the mediation as evidence in a court of law. However, this can also mean that the client may not be able to use certain information that comes out during mediation to support their case in court, even if the case does not settle.
Warning: Once mediation is final and there is an agreement, this agreement is binding. It is imperative to have legal representation to ensure that you understand what you are agreeing to you and how it will affect you in the future.