Articles

Mediation

Mediation is a process used to facilitate the settlement of claims between the parties. In divorce cases, that includes division of property and provisions regarding custody, visitation and support of the children. Each party, along with their attorney, communicates through a neutral, third-party mediator. The process is confidential. The parties can either agree to a mediator or the Court may appoint someone. Normally, the cost of the mediator is shared between the parties equally but the burden can be shifted in certain circumstances. Mediators charge varying rates which can depend upon the amount of time needed for the mediation.
The mediator tries to open communication between the parties and bring them closer to an agreeable settlement. While the mediator cannot force either party to sign an agreement nor impose orders upon either party, they often bring a new perspective to the discussion that allows the parties to view things differently, which can often assist with a settlement of the outstanding issues. If an agreement is reached, the parties will sign a mediated settlement agreement that will be filed with the Court to evidence the parties’ agreement. Once signed, the agreement is binding on both parties and is usually irrevocable. One of the attorneys will then prepare the final order based upon the agreements of the parties.
If the parties do not reach an agreement during mediation, it does not necessarily mean that a settlement is impossible. The parties can continue to negotiate. If an agreement is not reached, the parties may then continue to trial.
Although mediation serves to reduce conflict, it is simply one aspect of the divorce process. If you are interested in a divorce, Attorney Clint Lawson can help. Contact Clint today at 210-244-2701.
 

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