When the terms of a family law dispute such as a divorce cannot be resolved by either party, one option gaining in popularity that couples may choose to pursue is mediation.
In mediation, a trained lawyer or other professional will sit with both parties as an independent third-party. They do not take sides but instead use their experience and objectivity to help devise solutions that are mutually beneficial.
The mediator is not allowed to consult with either party in advance in order to avoid any bias or influence. Both parties should consider getting independent legal advice to prepare them for their mediation.
How long does mediation take?
Naturally, the amount of time required depends on the complexities that are being resolved. Typically it will take a number of sessions — it isn’t realistic to hammer out all the details in one extended session. Scheduling several sessions gives the chance for both parties to consider what is on the table and come back to each session with a fresh perspective. One advantage of private mediation is that you dictate the schedule; in this manner, issues should be resolved more quickly.
What is involved in mediation
The first session will clearly lay out the process of mediation so that both parties understand the “rules”. This will also be when both parties give the mediator the necessary background information to allow them to consider the case objectively.
Discussions during the mediation session are typically confidential and cannot be used as evidence if the case ends up in court. In addition, the mediator cannot be called as a witness if it should reach that point.
Is mediation right for you?
If you are heading towards a divorce and are confident that you can bridge the divide with your spouse to resolve even contentious issues you may want to consider mediation.
Take action by contacting Epstein & Associates for more information on mediation and how we can help you use this legal process to help reach a resolution.