What is Mediation?
Divorce cases have shown a new trend over the past few decades, with mediation becoming an increasingly popular form of resolution. When you consider the costs and emotional weight that comes with divorce, coming to an amicable solution is often the best way to move forward. In fact many of today’s divorce attorneys actively push their clients toward a reasonable resolution.
For people going through a divorce, mediation is not always an easy concept to consider. If you want to learn about what divorce mediation is all about, there’s a few answers to the biggest questions most asked by people in the divorce process.
- Is Mediation Expensive?
While there are costs inherent to the process of mediation, it’s rarely as expensive as the process of a lengthy court proceeding. As an unbiased third party, the mediator is entitled to help find a middle ground that’s agreeable between both parties. Because the mediator has no true authority over either party, it’s up to the two sides to work on finding a compromise that works for everyone involved.
- Will the mediator hear evidence and declare a winner?
Mediators are not like judges but more like an objective third party there to help facilitate an amicable resolution. Helping the two parties involved find a common ground is what their sole purpose is. If and when the parties reach an agreement, the mediator will provide a binding settlement agreement that will be signed by the parties and attorneys involved.
- Are Mediation Discussions recorded?
Discussions that take place during any mediation are always confidential. In many states it’s prohibited to call a mediator as a witness or use any part of the discussion in a courtroom. Mediation is meant for both parties to openly discuss their issues towards a middle ground.
Being able to openly discuss the issues at hand without fear or repercussion is the what allows the two parties to resolve their differences. Without this type of protection, there’s no possibility of a success. Neither spouse should have to worry about their words being used against them in a court of law. For people going through a divorce, mediation is an option that should always be explored.
If you are going through a messy divorce or think that someone you know can benefit from divorce mediation, the first step is to seek legal advice in the situation at hand. Educating yourself on the process of mediation can bring about a speedy solution to what’s often a painful and drawn out legal battle.
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