Almost any type of family law case can be mediated, and in most cases, the courts will require mediation. This isn’t limited to just divorce, but it also can include child custody modifications, child support, legitimation, and paternity actions.
Alternative dispute resolution refers to the process of settling your case outside of the court. This could be either through mediation or arbitration. This process gives the parties greater control in reaching an agreement that’s suitable to the facts and circumstances of their case, rather than having a judge make all of these determinations… Read More »
An agreement reached in mediation is legally binding. This would be a contract between the parties. It’s not legally binding in the divorce case in the sense that you could bring a contempt action of somebody didn’t abide by the terms until the judge signs the mediated agreement or the settlement agreement. But it… Read More »
The timing of mediation depends largely on the issues in each case. I’ve had mediations take a couple of hours and I’ve had mediations take all day long, even into the night hours, so it really just depends on your issues and what’s going on in your case. I do always say, however, to… Read More »
In mediation, the parties and their attorneys can meet separately or can meet collaboratively in a room together. It all depends on the facts and circumstances of the case and what’s going to be most productive in that individual case. It can also shift during the day as it is a dynamic process based… Read More »
You can certainly bring an attorney to a mediation. In fact, I strongly advise doing so. There is a mediator. However, this mediator is completely neutral. So, to have an attorney would be to have someone that’s there representing you and your interests.
Yes, the parties can be ordered to mediation, and in most cases, the courts do order the parties to mediation. The court can order you to mediation. Whether you reach an agreement at mediation is voluntary meaning that it takes both parties’ consent to reach an agreement. The mediator and your attorneys cannot impose… Read More »