Mediation Process Step Three: Achieving Agreement
A professional mediator helps you reach an agreement where you feel fairly treated; making long-term success more likely.
Is a Mediation Agreement Binding?
Once you have concluded your mediation the mediator will prepare a document detailing the specifics you have agreed upon. For example an agreement in divorce could cover the decisions you made together about child custody, visitation, and support; alimony; distribution of personal and real property; debt responsibilities; college expenses; life and health insurance policies; income taxes and retirement benefits. The Mediation Agreement is enforceable and may be incorporated into a legal document that is filed with the court.
You Are in Control of Your Mediation Agreement
One of the best things about a mediation agreement is that you have the flexibility to address issues that are important to you that a court of law cannot. Courts have limits in the remedies they can order. You, however, can address both legal and non-legal concerns (like who gets the dog!) in a binding agreement that’s tailor made to your needs. And statistics prove that people who work together to devise their own agreements are far more likely to keep them. A comprehensive, common sense, well thought out agreement generated through mediation simply works better because the parties themselves control the outcome.
Do I Need an Attorney?
You don’t need an attorney to participate in mediation and come to an agreement. However, the mediator even if he/she has a law degree, is not acting as your legal advisor since they are required to be a neutral party. If you need legal advice, it is best to consult with an attorney during the mediation process. You do not need a lawyer to file for an uncontested divorce. You can submit your Mediation Agreement with the proper court forms and file them yourself.
It’s understood that this is an overwhelming time and you probably have other questions specific to your circumstance that you’d like answered. Why not schedule a no obligation free consultation where you’ll have ample time to get the information you need?
