Category Archives: Mediation

Mediation vs Litigation

Attorney or Mediator, what to choose….

Mediation and Mediator

Source: Unknown

Divorce, custody evaluations, guardian ad litems, attorneys.  All scary stuff.  Your friends will probably tell you to get a good attorney.  How many of your friends will tell you to get a good mediator?  Probably not too many.  But really, that is what you should do first is decide, attorney or mediator.

Mediation is a process wherein you seek resolution of your conflict using a neutral third party to facilitate.  Mediation is a discussion, basically.  The mediator provides a “safe” environment in which the two of you can resolve your issues.  Sometimes more than one mediation session is needed to resolve such complicated issues as parenting time, child support, and separation of marital assets. Since the mediation setting provides confidentiality, everything can be laid out, without fear of information later being used in a court of law–if it should come to that.

One of the goals in mediation is to come to an agreement that both of you can live with.  If you do that, then the agreement can be signed, and filed with the court.  Once approved by the court, the agreement then carries all the weight of any other court order.

This process should save money, lost time, lost emotional energy.  And the result will be an agreement for your future which you have had a hand in making.  And most importantly, you perhaps will have retained more of a relationship with the parent of your children.  It is doubtful that going through the legal process can provide you any of this.* So what to choose, an attorney or mediator?

What to do if one party won’t agree to mediation?  I’ll talk about that next time.

 

*I am not an attorney, and I am not providing legal advice here or anywhere in my writings.