Attorney’s Most Important Advice: Mediation
We find that a lot of our Second Saturday Workshop participants are under the impression that they have to go through the court system to settle their divorce case. This is not true. There are other options, such as mediation, which gives you a bit more control.
Mediation is a method used in alternate dispute resolution when a neutral third party becomes involved to negotiate on behalf of both participants. Mediation is usually short-term and with a hands-on approach; the mediator will oversee the bargaining process and exchange of information, and may provide creative resolution ideas and draft a final settlement.
- There are multiple benefits to resolving disputes through a divorce mediation:
- Mediation is confidential and will leave no public record.
- It is much less expensive than a trial in court.
- In most cases, mediation will cover all issues that you may have in the divorce process.
- Your input is considered in the mediation process. The resolution is based on what both parties consider to be fair.
- You may still have a lawyer give you legal advice.
- The mediation process may improve you and your spouse’s ability to communicate, making future conflicts minimal.
The mediation process gives you and your spouse more power in the resolution of your issues. You can decide where the mediation takes place, how it’s paid for, who will be present, and how the mediator will resolve any issues.
It may change due to the location of your residence, but most mediations are considered enforceable contracts under law — written or oral. (See more on arbitration.) The mediation process is considered to be more prompt and inexpensive than other, more narrow legal disputes.
If you and your spouse are unable to come to terms regarding financial assets or other divorce disputes, mediation may be a viable option for you. Join us for our Second Saturday Workshops every month and get advice from a therapist, attorney, or financial adviser.
