What is Mediation?
In every family law case, parties always reach a point in their case where they are faced with whether or not to engage in the mediation process. Mediation is a process where a trained person, called a mediator, helps people identify the issues in a given case and reach an agreement on resolving them. The mediator is a trained professional who is impartial and experienced in handling family law matters.
If your case involves divorce and custody issues, parties will participate in a custody mediation and property mediation separately. In a custody mediation, parties attend the mediation without their attorneys. In marital property mediation, parties attend the mediation with their attorneys. In either situation, it is important to have your attorney review any agreement that is drafted by the mediator before signing it.
Many clients ask what the benefits of mediation are. Meditation may ultimately save you time and money rather having litigating the case in court. The process also allows the parties to take control of the outcome of their case rather than a judge rendering a decision that you may not be happy with.
It is important to note that mediation is a confidential process and is completely voluntary. Even if the Court refers you to a mediator, parties are not obligated to enter into an agreement. The Court favors allowing the parties to have ample opportunity to settle their case on terms that they are satisfied with rather than proceeding to trial and chancing the unknown.