Mediation is a form of alternative dispute resolution that is rapidly gaining favor with the courts. Mediation takes place outside the court usually at the office of the person appointed by the court or chosen by the parties. The mediator is usually an attorney who has been certified as a mediator and generally has a background in family law.
It is usually a non-binding procedure and its purpose is to help the parties settle issues that they have been unable to resolve between themselves. The mediator is an impartial third party who acts as a go between the parties and their counsel. He will listen to each party’s position and carry proposals for settlement back and forth between them. The ultimate goal is arrive at a mutually acceptable agreement.
Choosing the Right Mediator and Family Law Attorney
Choosing the right mediator is as important as choosing the right family law attorney. Most family law attorneys will have experience working with different mediators. Your family lawyer will be able to give good advice in this regard. The mediator should have no other agenda than to see the divorce to a swift, satisfactory conclusion. Not all divorce mediators are equal in this regard. Divorce mediation is a highly specialized skill. Divorce mediators are dealing with people at a time when their emotions are highly strained and they may have to approach some difficult topics. If you are concerned about your choice of mediator, discuss it with your family attorney and they will help you to make an informed decision.
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What is mediation?