When facing any type of legal case, mediation is often the way the case is resolved or settled. Many divorce and custody agreements are made via mediation, rather than going to court. Some reasons for this are that it is often faster to reach an agreement at mediation than going to court, and most people leave feeling better towards each other, as there is no long, drawn out court case.
This can best be described as a way to peacefully resolve disputes through the use of a neutral mediator whose job is to help both parties get some of the things they want. The mediator does not decide who is right or wrong, and is there to both parties work out their differences so that a judge does not have to decide things for them. Here is an example of how mediation is used in a divorce case:
Both parties are in agreement about getting a divorce, and are ready to move on with their lives. They want to resolve their disagreements and avoid a lengthy court case that may not turn out in either parties’ favor. Instead, they choose to use mediation. At one mediation session the parties may decide how they want to divide their assets, including such matters as who gets the dog, who keeps the home and the like. All the while, both parties are able to freely speak their thoughts and feelings. In the end, both parties walk away with a compromise each can live with, and move forward with their lives.
There are several things you can presume at mediation:
• The mediator is not going to take sides, he or she is neutral and impartial
• The mediator will control the conversation flow
• Each person will have the chance to voice his or her concerns without interruption
• A mediation is confidential
Mediation, even if not required, is highly recommended in most cases. Wendy Norman has been practicing in the Jacksonville, Florida area for many years in the family law courts. She has attended many mediations with clients and can help you through mediation, as well as provide advice for how to prepare for mediation if this is the route that you choose to go.