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Mediation can be an effective way to resolve some or all issues in a divorce case.\u00a0 \u00a0Mediation is a hot topic these days, and understandably so.\u00a0 A successful divorce mediation can potentially save the parties tens of thousands of dollars compared to fighting the case out in court.<\/p>\n
Mediation is different from “arbitration.”\u00a0 In mediation, the neutral mediator has no authority to decide contested issues on which the husband and wife are unable to agree.\u00a0 The mediator\u2019s role is to assist husband and wife in coming to agreements\u2014to guide husband and wife toward a voluntary settlement that will be fair and equitable to both of them.<\/p>\n
Discussions in mediation are confidential, which encourages the parties to freely discuss potential settlement terms.\u00a0 When a mediation is unsuccessful, settlement offers made in mediation are not admissible in evidence at the final court trial.\u00a0 For example, if during mediation a husband offers his wife spousal maintenance of $5,000 per month for five years, but at trial the husband denies that the wife is entitled to any spousal maintenance at all, the wife cannot assert that her husband should pay her $5,000.00 per month for five years because he offered to do so in mediation<\/em>.\u00a0 When the parties and lawyers know their during-mediation statements cannot be used against them in the courtroom, they are more likely to openly discuss all possible settlement options.<\/p>\n In most divorce cases, mediation is a great option.\u00a0 Where one spouse is in an unequal bargaining position, however, I do not recommend that the disadvantaged spouse participate in mediation without an attorney.\u00a0 For example, if I had a client who had been the victim of domestic violence, I would never send her to mediation with her abuser without my being present to make sure her rights are protected.<\/p>\n Mediation may occur with or without the attorneys for husband and wife present, but even if the attorneys are present, real mediation still includes a neutral, third-party mediator who facilitates the settlement negotiations.\u00a0 As noted above, in many cases a successful mediation can save tens of thousands of dollars in legal fees which would be spent if the case went to Court.\u00a0 If you believe your case could be resolved by mediation, please contact my office to schedule a time to discuss your case with me.<\/p>\n Copyright \u00a9 2018, 2023 by Scoresby Family Law \u2013 J. Kyle Scoresby, P.C. All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":" Mediation can be an effective way to resolve some or all issues in a divorce […]<\/p>\n","protected":false},"author":3,"featured_media":628,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[7],"tags":[239],"class_list":["post-46","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mediation","tag-settlement-negotiations"],"yoast_head":"\n