Mediation is a settlement process where a neutral mediator helps the parties settle their differences. Typically in a divorce the parties can reach agreement with the help of their lawyers and perhaps some assistance from the courts. Sometimes, though, the parties get stuck and agreement seems impossible. When this happens, the lawyers can recommend mediation by agreement or the court can order the parties to mediate.
Mediation is not a “friendly” process because the parties are adverse (opposed) to each other, but many see mediation as a kinder process than going to court, and it can be less expensive. Plus, mediation gives the parties more control over the outcome because they make the decisions about what to do instead of having the court system do it.Read More
In divorce mediations, the parties and their lawyers meet with a neutral mediator, who is usually trained in family law. The mediator doesn’t give legal advice or make decisions. Normally, each party will be in a room with his or her lawyer and the mediator will go between the two rooms with settlement proposals. Rarely mediations are conducted with all the parties (clients and lawyers) in the same room during negotiations.
Mediation has a high success rate in settling cases, but it doesn’t always work. Only the parties can decide to agree, and the mediator doesn’t make the decisions. If mediation fails, which occasionally happens, the parties need to use the court system to settle their dispute.
Request a Mediation Date
To request a mediation date, please fill out the form or call (210) 731-8500.