Although it’s a phrase that gets thrown around a lot let’s break it down one more time; what is mediation? Mediation is when two parties come together and try to work out their differences and problems using an impartial third party. Pretty simple, right? Well in essence it is, but dealing with a divorce is not as simple and if you’re going through one right now then you probably already know that.
Mediation can occur before and after the formal legal proceedings have started and nowadays judges require mediation as part of the legal process. If it occurs before the legal proceedings begin then you can use whoever you’d like as your neutral third party. Keeping that third-party neutral is a big part of the process and so once the legal proceedings begin the court will give you and your attorney a list of court-approved professional mediators. A mediator is not your attorney. Your attorney’s job is to defend and protect your interests. The mediator is simply a facilitator. They help find solutions to both parties’ issues. A mediator does not give legal advice like your attorney would and their mediation is not legally binding.
Why go through the process?
Going through a mediation process might seem like just another headache during this potentially stressful time but there are some big benefits. A judge wants you and the other party to go through the mediation processes because it helps you have a good deal of input into the final agreement. Think about it, do you want an unknown judge and a set of abstract laws to decide for you? Or, do you want to have input into your decision? Another benefit of going through the mediation process is time. Oftentimes it helps speed up the process.
What will get decided during Mediation?
Preparation is key when it comes to this process. What does this mean? Having an attorney by your side is still hugely important when it comes to mediation. During this process, everything can be discussed. You can discuss child support, spousal support, asset division, debt division, and so much more. Having careful organization and planning is very important towards getting all the benefits of mediation and having your attorney know the nuances of your case and your needs makes all the difference.
Why work with the Edwards Law Group?
Mediation, Litigation, Trial, and Settlement, we’re prepared to help you through it all and beyond if necessary. Most cases settle at mediation but if yours doesn’t then we’ll be right there with you. Joy Edwards is not only a trained attorney but also a trained and registered mediator. This extensive experience helps her and her firm best represent you. Hit the button below to contact us for a consultation.