Mediation

Mediation can be a very essential step in a divorce or modification. Mediation needs to be set or ordered by the court in many jurisdictions. Some jurisdictions require that you have a pending divorce or mediation to seek mediation but some states go so far as to allow you to mediate disputes that are a major issue between divorced/separated parents. In addition to the court mediators, many private mediators can provide an alternative dispute resolution.

There are many very good reasons to use a mediator to help you solve disagreements. Mediation is a non-adversarial forum that might help ease the fight and make decisions that could be a win-win solution for all involved. If a settlement is reached the court could, and does in most cases, accept it at the final hearing.

Mediation fees vary depending on the jurisdiction. If it is a state sponsored mediation it might be on a sliding scale depending on income. A private mediator can cost more. Just like when choosing an attorney, interview several and choose one whose fees are comparable to your budget.

Mediation can be a very positive experience because mediators are not bound by rules of court such as hearsay and other evidentiary boundaries that would bar evidence from being brought into court. Therefore, mediators can hear more of the story.

Not only can mediators help you reach an agreement, they can help facilitate the legal process also because they generally know the rules of the court in their jurisdiction. A mediator cannot take the place of an attorney, but in many cases a mediator is a former attorney and can help guide you through the process and possibly reduce legal fees.

There are many positive reasons to use a mediator, whether court appointed or for other purposes. Look on the Internet or local yellow pages for a listing of mediators.

If you are not represented by an attorney, many jurisdictions offer help in self-help clinics or on-line. The Florida Supreme Court's web page has the complete set available on their web page along with instructions. Divorcenet and Divorcesource have links to state specific forms required by your jurisdiction. However, if you are represented by an attorney, your attorney should know the correct forms and should prepare them for you.

Go To Page: 1

Articles in this Topic    Discussions in this Topic