What Is Mediation in Law
There has been a lot of talk about mediation in law and if you are currently going through a divorce or will be soon, you should be learning more about mediation and how it legally applies to you. Parties that will be going through litigation for divorce should keep their minds open about mediation since it can save both people a lot of money and time. Here are the most important legal aspects of mediation that you should understand.
Mediation in Law Is Non-Binding
This is a process that is undertaken by both parties voluntarily. They make an agreement to use a third-party mediator that is unbiased to help them settle divorce issues. This should not be confused with the term “arbitration”, which can be binding. Arbitration involves using a third-party to listen to the case like a judge would and this individual would make his own decisions and decide on the case. In mediation, the two people that are getting a divorce come to their own conclusions to reach a settlement that satisfies both parties.
The mediator works with the ex-couple to help them consider possible resolutions for issues and does not have the ability to make decisions. A mediator cannot make any binding rulings regarding the divorce case but instead listens to both sides and guide them towards making a mutually acceptable agreement.
A Private Mediator Is Used
Both of the divorcing parties agree on the mediator selection and the meetings often take place at the mediator’s office or through video conferencing. Negotiations that take place during mediation are completely privileged and can never be used in court. This law was formed to ensure that the individuals receiving the mediation would be able to speak freely in order to increase the chances of resolving the divorce case.
The Mediator’s Role Is to Settle the Case
The mediator only has one role to play and that is to settle the case. He isn’t there to make value judgments regarding the people or the case itself and will never take sides. If the case isn’t settled completely at mediation, there may still be important issues that get resolved before taking the case to court. In many cases, however, a full resolution comes about since mediators have been trained and are experts in the field of problem-solving. For example, when there are children involved, the mediator can keep the focus on what’s best for the children versus what each party wants for themselves.
Mediation allows divorcing parties to cut down on their expenses by sharing the costs for a mediator versus having to pay separate fees for attorneys. We all know that the cost of litigation is astronomical and using mediation gives individuals the opportunity to try to resolve things in the most cost-effective way possible.
Mediation in law is an accepted legal way to come to agreeable terms for a divorce. If all issues are dealt with and an agreement is made up that is acceptable to both parties, it can be handed into the courts and signed off by a judge to make it legal and binding in the eyes of the law.
