mediation and your case

One of the most beneficial resolution techniques in any family law matter is mediation! What exactly is mediation, you ask? Mediation is when both parties, and their respective counsel, negotiate settlements with a third party mediator, generally another attorney. The mediator is often another family law practitioner who the attorneys are familiar with, or a retired judge.

During the mediation, the parties detail their respective positions to the mediator. The mediator when goes back and forth between the parties until a resolution is either reached, or the parties determine one cannot be reached. Though a mediator is an attorney, they do not provide legal advice. It is common for the mediator to engage in a legal argument with your attorney or even to tell a party what they have seen Judges do in similar cases. This is why it is important to have counsel by you side.

It is commonly said that a successful mediation ends where both parties are a little unhappy. Why is this so? Because it means that both parties compromised (a very key aspect to coparenting in our custody cases). While some parties prefer to go to directly to Court, generally, this is unadvisable, as it is sometimes difficult to predict what the Court will do. It is always better for parties to reach an agreement on their own than to let a strange in a black robe make the decision for them.

If you are interested in mediating your case, make sure you have touched based with an attorney who can guide you through everything needed to prepare for the big day.