Mediation is a type of dispute resolution that can be highly beneficial for people who are going through divorce. In the case that you and your spouse largely get along but still have some issues to work through, mediation could be a great help.
Mediation takes place in a relaxed atmosphere and allows you the time to talk through problems in the presence of a third-party mediator. A mediator has no vested interest in the outcome of the case, but they will be able to guide the conversation and prevent conflicts from stopping communication between the two parties.
When is it appropriate to mediate your case?
It is appropriate to mediate your case when you and your spouse cannot make a decision about a part of your divorce but do not wish to litigate. If you agree to work together by going through mediation, you’re willing to work with a third-party mediator and to learn more about how your decisions may affect your lives now and in the future. The mediator is there to give you more information about how your decisions may impact you legally.
The mediator also sets up the environment to be inviting and calm. Think of it much like a business meeting, because the goal is just to get every piece of information out in the open so that both people can work on a solution that they’re both satisfied with.
Is mediation binding?
Part of the beauty of mediating is that it’s not usually binding, but it does allow you to talk through disputes in a more relaxed atmosphere. In many cases, the results from mediation are agreeable to both parties and will be agreed upon formally at a later date. If you don’t agree with the outcome of mediation, on the other hand, you are not obligated to sign any agreements. Keep in mind that some mediation sessions may be binding, so it’s best to ask about that before you get started.
Your attorney can attend mediation with you, so that any agreements can be written down and sent on to a judge if you both decide that you would like to do that.
