Mediation

MEDIATION

 

A mediator is a neutral third party. The parties must agree to hire to act as their mediator in their divorce.  The important thing to remember when hiring a mediator is that you want someone who has experience in mediating divorces. While mediation is less expensive than going to trial, mediator services vary so it is a good idea to interview a few mediators and then choose the one that you think is best suited for the job.

How Does Mediation Work?

At the initial meeting, the mediator will explain the mediation process and have both parties sign a mediation agreement. If you are represented by a family law attorney, you can consult with the attorney. However, generally, family law attorneys do not attend mediation conferences. Anything that you say in mediation is kept confidential and does not get included in the public court records. Typically, the two parties share the costs of the mediation fee. Any variations can be decided by the parties on their own.

The mediator acts as a facilitator to try and help the parties resolve their divorce issues. The mediator does not decide or rule on the issues like a judge. It is up to the parties themselves to come to an agreement. The mediator will help by making suggestions or helping the parties determine if additional information needs to be provided by one of the parties.  Mediation may involve more than one session if the parties are unable to decide all the issues at one time.   Mediation works best when the parties are open to suggestions and compromise. So mediation may not be for everyone, especially if one party is hostile towards the other party or the parties refuse to speak to one another.

Settlement

Once the parties have reached a negotiated settlement, either the mediator will draw up the settlement agreement or one of the attorneys representing the parties does. If both parties are represented by attorneys, then it is a good idea for each party to have their respective attorney review the agreement before they sign it. The mediator will submit the agreement to the court, and it can be entered as part of the final divorce decree.

Why Choose Mediation?

Mediation is quicker, less expensive and private.  There is no stress of having to face a judge in a formal courtroom setting and talk about your personal financial issues and your personal family life. Whatever is said at mediations is confidential, unlike a court hearing where testimony is put into public record and anyone can come in and sit down and listen to you and soon to be ex-spouse fighting over your divorce issues. You have control over decisions without the court intervening.

 

 

CONTACT KAZIMI LAW FIRM TO SET UP A FREE CONSULTATION

Perhaps the most important reason to retain or consult with a divorce attorney or family law attorney is to have some peace of mind during what can be a very stressful and emotional time in a person’s life. A divorce, separation, or custody dispute can be difficult enough, without having to deal with the requirements of court procedure, filing the right forms and declarations, and researching legal issues. Having an experienced attorney on your side can help you navigate the court system and protect your rights and the best interests of your children. Kazimi Law Firm strives to help clients reach resolutions they are happy with while avoiding stressful and drawn out legal fights. However, we are always ready to do what is necessary to insure the right outcome for your case. Please contact us to discuss your family law matter and to set up a free consultation.