If you are going through a divorce you are probably considering going through mediation. In fact, you have no choice but to try mediation first seeing that it is court mandated. For this reason, you need to educate yourself about mediation and what you should expect in the process. Here are some things that you should know.
What Is Mediation?
Mediation is the process by which you try to compromise without going to court. What will happen is that both sides will have the option to get representation with an attorney. You don't have to have an attorney, but it is highly advised. The attorneys will take care of hiring someone called the mediator. A mediator is usually someone who used to be a judge, or an experienced lawyer you will go back and forth between each party.
Usually each party is in a separate room and the mediator will come into each room and tell you what they think your chances are, where you have strong points and where you are weak and help you to figure out where you should compromise. They will do the same for the other side.
Usually the mediator plays both sides so that you both think you don't have a good case, this helps to weaken any resolve to take it directly to court. And in most cases they are correct. They will weaken arguments that are already weak. During this time the attorneys are helping to determine what agreement you can live with and drafting up the documents so that when you do find a resolution you can settle it right then and there.
Why Is Mediation Encouraged?
There are so many reasons why mediation is the preferred method of settling a divorce. The first is that is so much cheaper. You will have to pay for the mediator and the attorney's fees but the amount of time it takes to prepare for mediation is just a fraction of what it takes to prepare for court. Thus, you can save thousands of dollars by resolving in mediation. Second, you can get a better outcome with mediation.
Taking something to court is always a risk. It is likely that the judge will go against you, or something else crazy. When you do mediation you can have some sort of control over the outcome. Lastly, the courts are so bombarded with divorces that it is required that you try mediation before they will even hear your case.
These are some things you should know about mediation. Talk to a lawyer like Margit M. Hicks, PA Attorney at Law for more information.
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