What You Should Know About Mediation

When you are going through the divorce process, there are likely to be things that you and your spouse do not agree upon. Even in situations where you are cordial and can still communicate, it is rare to agree on everything, simply because there is so much at stake. Beyond large items like who gets the house and cars, there are small issues, like keepsakes and furniture, that can become sticking points due to their sentimentality. While all these issues can be sorted out in court, it is often better to mediate first.

What Is Mediation?

Quite simply, this is a formal negotiations session facilitated by lawyers. You and your lawyer meet with your spouse and their lawyer at a neutral location. Typically, both parties are in different rooms and the lawyers go back and forth making offers and negotiating on key issues. At the Law Office of Laurence J. Brock, we have found that this takes the emotion out of what could turn into a heated argument if you were to try and work through these issues on your own.

Mediation Can Save You Time

It takes time to wait for your court case, prepare for it, and conduct a trial. Complicated cases can take a week in court, or longer, which is incredibly time-consuming and emotionally taxing. However, if you are able to work out all or even most of the issues before your trial, your actual court case will be completed much faster. Plus, in mediation, you can sometimes come to an agreement quickly, which means you can enjoy the benefits of those terms right away. For example, if you agree to let them have the boat so you get the RV, you can start enjoying the vehicle that weekend, rather than waiting to pick it up after your divorce is official.

Mediation Can Save You Money

Anything you can agree on in mediation is one thing that does not need to be debated in court. You will spend more money on attorney’s fees for additional hours spent in a courtroom, so you will have an immediate and direct savings if you are able to reach agreements on key issues beforehand.

You Do Not Have to Agree

Just because you go to mediation, that does not mean you have to leave with an agreement. You might agree on nothing or you may agree on some of your assets and need a court ruling for the rest. There are no set rules regarding what you can or cannot accomplish in mediation. The key is that nothing is final until you have signed an agreement. In this way, there is no risk to mediating.

Have you ever gone to mediation? What was your experience like? Leave us a comment and let us know!

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