Divorce Mediation: Staying Out of the Courtroom

Mediation to Avoid Litigation

A mediator plays a key role in divorce proceedings. When both parties in a divorce can meet individually with a mediator who acts as a neutral third party to help with a peaceful resolution, both parties typically make better and more reasonable decisions.

Mediators tend to have the following characteristics in divorce proceedings:

  • Their interests revolve around only reaching a mutually agreeable resolution to issues that come up in a divorce.
  • They have no authority to render judgments in a divorce.
  • Mediators may not be subpoenaed and cannot willingly testify on behalf of or against either party.
  • Any information regarding either party's position on an issues will be kept in confidence.

Court-Ordered Mediation

Some family courts may require both parties to try and resolve their differences through a mediator before a final hearing. There is no requirement to reach a solution here, however, only that you attend as mandated. Either party can choose to end the mediation at any point as well as the mediator. This is simply an attempt on the part of the court to reach a resolution without having go through the court process.

Do I still need an attorney?

The mediator can be the voice of reason in divorce proceedings, but it is still highly recommended that you have a divorce attorney present during mediation. Only an attorney can provide you with legal advice. If one party in the mediation is more aggressive, sophisticated, and better informed, the mediator will not seek to redress this imbalance. Only a divorce lawyer can do that.

If you are planning to engage in divorce mediation, The Farley Law Firm, LLC can advise you on how best to proceed so that your voice is heard in the mediation and so that you can achieve a favorable outcome in the end.

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