Mediation

Mediation is a confidential process in which a neutral professional (the mediator) is hired to help the parties reach a mutually acceptable compromise. The mediator is not a judge; they don’t have power to make decisions or force a settlement, nor can they provide either party with legal advice. The mediator’s sole purpose is to assist the parties in reaching agreement.

Mediation can be conducted with or without legal representation. Either or both parties can hire a divorce mediation attorney to represent them before and/or during the mediation, or mediation can proceed without assistance of lawyers for either party. In any case, the process unfolds of conversations between the parties and the mediator. Some may involve the parties being together in the same room with the mediator, others may involve private conversations between mediator and each party and their lawyer (if applicable).

Some mediators prefer to schedule a series of meetings of limited duration, each to address one or two issues until all matters are resolved. Others prefer to address all issues at once and to work as long as it takes to resolve everything in one day.

Mediation can take place before legal action is formally undertaken, or can proceed at any time prior to the trial of a case. In some cases, mediation may be scheduled after trial has commenced, but before its conclusion and entry of an order by the judge.

Although no agreement can be reached in mediation without the consent of both parties, either party can request mediation. In some counties, the court may require that the parties submit to mediation prior to scheduling a date for trial of the matter. For many, mediation can expedite resolution and enhance the parties’ ability to address issues of most concern. This is especially important when family assets during divorce need to be addressed in a fair and collaborative manner. A collaborative approach is often recommended in order to minimize cost and ensure that both parties feel heard and respected.

The stages of mediation typically include initial discussions, negotiation of the issues, and final agreement on terms. At each stage, the mediator will help the parties negotiate an outcome that is acceptable to both. The goal is to reach an agreement that is mutually beneficial, avoiding the time and expense of a lengthy trial.

When considering mediation, you should also consider which approach is better for you and supports your style of decision-making. You should carefully consider whether proceeding with or without legal counsel is best for you and your circumstances. Moreover, you have the right to interview mediators to ensure that you feel comfortable with and can work effectively with whomever is ultimately chosen.

Whatever your needs and concerns may be, you need a trusted guide by your side. At Nolan Byers, helping you make the best choices during a difficult time is our mission—and obtaining the best results for you is our goal. Contact Nolan Byers online, or give us a call at 205-558-9930 today!