Mediation is an excellent forum where parties can construct a settlement that actually works for them. Most courts require mediation. It saves the parties time and money and usually gets better results. It also avoids the lengthy and costly litigation process. All issues such as child custody, child support, medical insurance, pick and drop off, effective communication between the parties, protection for the child, visitation and property division can be mediated. Finding an experienced family law attorney and mediator is critical to the success of your case. Each party pays a mediation fee of three hundred dollars to four hundred fifty dollars. If needed, a mediator can be obtained at no cost to you. Mediations start at either 9 a.m., 1:30 p.m. or 6 p.m.
One party and their attorney sits in one room, the other party and their attorney sits in a different room. The mediator goes from one room to the other and comes up with an agreement. The Agreement is called a Mediated Settlement Agreement (MSA). The agreement is irrevocable and legally binding and enforceable. When a MSA if properly executed and filed it cannot be challenged. It is final. You cannot change the agreement after it was been signed. That provides a way to settle their differences without having to go through the litigation process. The mediation is usually from two to four hours. A few mediations are scheduled for a full day. After a MSA is signed, on a separate day, a written order is drafted that reflects the terms of the MSA. The Order is presented to the Judge signature after the proper testimony is provided to the Judge. Your case is then concluded.
Mediations are important because the Judge cannot change the terms of the MSA. Without an MSA the Judge can decide to not accept the term of your final order.
It is very important to have an experienced family law attorney prepare for and attend the mediation with you. You take all of the important financial documents and evidence to the mediation. The mediator cannot provide legal advice to the parties. An attorney can offer solutions that work for you that you have not considered and would not know to consider. About 98 percent of all family law cases are settled at mediation. If the parties cannot come to an agreement at mediation, then the parties can take the court to trial before a judge.
For more information on The Benefits Of Mediation In A Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 244-8485 today.