Is Mediation Mandatory?By Moskowitz Law Group, LLC |
There are many ways to resolve disputes. Mediation and arbitration are a few of the methods used to reach resolutions among parties in the midst of legal proceedings. The decision to mediate works best when the parties are in agreement on some of the issues in their divorce, but simply unable to reach finalization on all the aspects of their case. Mediation is beneficial because it can give the parties a sense of control over the process, which can lead to an expedient resolution of complex legal issues.
Some of the most common issue resolved through mediation include making a determination of how the family unit is structured post-divorce and how property is distributed. A mediation is not a proceeding that is undertaken without rules and guidelines, and any mediation must follow a set of strict legal parameters. Even though the mediator is a neutral third party, they are bound buy the law and must suggest resolutions that are legally acceptable. That said, mediation is not binding on the parties, and should only be entered into if both sides believe it will be beneficial.
The information provided during a mediation remains confidential, so there is no danger that anything you offer can be used against you later should the mediation fail to yield results. However, if all parties agree to terms at mediation and sign a mediation agreement, those terms are enforceable later if not followed by either party. In this way, the result of a mediation gives the litigants the confidence that when a decision is reached it will be enforceable.