Divorce and separation mediation is a process in which a couple meets with a neutral third party—a trained family lawyer mediator—for the purpose of negotiating and resolving their issues. The cost of the mediator is often shared between the two parties.
A benefit of a family lawyer mediator is that he or she is very familiar with all of the legal and practical issues you face and should address. She has the benefit of having seen hundreds of other couples addressing and resolving their issues allowing her to propose options that may not occur to most clients.
The involvement of each party’s lawyers is often beneficial since legal advice during the negotiation process can avoid time and money spent on resolutions that, without legal advice, may prove unwise.
However, it is also available to attend mediation without a lawyer, especially where the legal issues are not complex and each party has received legal advice in advance.
The mediator is independent and impartial. His role is to facilitate constructive communication aimed at resolving the issues. He is not like a judge or an arbitrator who makes decision for the parties. Rather, he supports and guides the parties through direct negotiations.
Mediators at Moe Hannah help the parties understand the issues, options and implications of their dispute and find resolutions tailored to their family. Our lawyers can help you identify creative options in the mediation process that may not have been considered.
Mediation generally takes much less time than resolution through court. Typically, parties have more control over the scheduling of meetings compared to court proceedings.
Discussions and negotiations held in mediation are confidential and private. Your settlement proposals and compromises within the mediation process cannot be used against you later in court.
Mediation is almost always less expensive than litigation because parties can create their own rules, timing and level of formality. Unlike litigation, either party can end the mediation at any time.
Finally, resolutions by mediation (or other form of negotiation) are generally more durable than court-imposed resolutions. Children tend to benefit from their parents ability to resolve issues outside of an adversarial process. This benefit can have long-term effects on their ability to work together constructively in the future and share a more positive co-parenting relationship.
Contact us for more information.