Anyone that has filed for divorce knows that before you can go to trial the court will send the parties to Mediation. Why mediation you ask when, "we can't agree on anything." That seems like a pretty reasonable question. My assurance is always, if the case settles at mediation, it's more cost effective for you and your spouse. It is certainly less expensive to spend 4 hours at mediation than to spend 4 hours at trial. At mediation you have control over your case but at trial the Judge has complete control over your case. You may or may not like what the Judge decides. Why give the Judge that much control?
Here are the questions I hear most frequently:
What is mediation?
Mediation is a method of dispute resolution that is an alternative to having a courtroom trial. It is the process involves the parties meeting with a trained, certified mediation who attempts to help them reach an agreement. The mediator tries to help them reach their own agreement, but does not force either party to agree. In mediation, both parties should make a good faith attempt to agree on issues of the marriage, including a parenting plan, time-sharing plan and property division, for example. Neither party should feel that the "agreement" was forced upon him or her. People who reach an agreement together are more likely to follow what they've agree to. If it is not possible to reach an agreement, another form of resolution, such as trial, is used.
Who is the mediator?
Most mediators have legal training or training in psychology, although some have social work training and others have training in all three fields. Many are highly skilled professionals with substantial experience in mediation.
What is the length of mediation?
Mediation can run from a 1 two-hour session to several meetings over the course of weeks. The duration depends on progress, the cooperative spirit (or lack thereof) exhibited by the parties, the desire of the parties to keep trying, and many other factors.
Our firm encourages lawyer participation in the mediation process. Before mediation begins, we will meet with you to discuss the process and the pros and cons of your case. To help us advise you of the legal ramifications of any agreements you seek to reach, you should provide reports and updates as mediation progresses.
As with every aspect of a divorce, mediation progresses differently in each case. No mediation is like another, just like no family is exactly like another. We are at your service at any time to discuss the progress of your mediation, to suggest ways in which it might be more productive, and in the appropriate circumstances, to intervene to bring an end to fruitless mediation procedures.
If you are thinking about divorce and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.
