Mediation

Mediation

What is Mediation? 

Mediation places parties in charge of the terms of their divorce, custody battle, or modification instead of going to court and having a judge decide those terms. Parties who are willing to enter into family law mediation are often able to achieve an agreement that is financially and legally better for all involved.

Why is mediation better than court?

  1. Mediation allows you to design your own resolution because you, the individuals involved, are the ones who know the situation (your children, financials, debts, and your family best). You don’t have to leave it to a stranger (a judge who doesn’t know you) in a courtroom to tell you how your family will work or how you will be raising your children.
  2. Mediation tend to be less expensive and more cost efficient than fighting in court.
  3. Mediation is a lot less stressful than fighting in court.
  4. Often family law issues can be resolved faster through mediation than through a trial (partially due to complexities of litigation)

Mediation: Do’s And Don’ts

Below are some items to make sure to do and some things to avoid doing at mediation:

DO:

  1. Prepare for mediation with your attorney prior to mediation. Ask questions so that you know what to expect.
  2. Figuring out the most important items to you and the least important items to you will be helpful in negotiating at mediation.
  3. Be open-minded to compromising when considering settlement. In mediation, most of the time neither party will get absolutely everything each wants but in the long-run can come to a resolution that works best for the specific situation and circumstances.
  4. It is important to consider what the opposing party is proposing, even if you choose not to agree in the end.

 DON’T:

  1. Do not sign a Mediated Settlement Agreement (MSA) that you are not comfortable with. MSA’s are typically irrevocable so let your attorney know and speak up if you have questions or are uncomfortable.
  2. Do not forget or neglect to tell your attorney something important and relevant to your case/situation. Chances are, the opposing party will bring it up in mediation and try to use it as leverage.