During your consultation, you can depend on our attorneys to determine whether mediation is the right way to help you protect your best interests, as well as those of your loved ones. We can provide guidance on how to choose a divorce mediator and other related matters. Family law mediation often requires six to 12 sessions spanning several weeks.
What Happens during Mediation?
A typical mediation involves six steps:
- The mediator will introduce all attendees to one another and explain the specific goal of the mediation.
- The disputants will make their opening statements, in which they will explain their understanding of the dispute, how it affects them, and how they hope to resolve it. When a disputant has the floor, he or she cannot be interrupted.
- The mediator will encourage discussion between disputants regarding their respective opening statements in order to determine exactly which issues need to be resolved.
- Each party will have the opportunity for a private caucus, a closed meeting with the mediator in which they can express any concerns up to this point in the discussion and brainstorm settlement ideas.
- Based on opening statements and private caucuses, the two parties can begin negotiating directly.
- If an agreement is reached, the mediator will begin writing the terms, and both parties will have an opportunity to review this language with their attorneys. If an agreement cannot be reached, the mediator will explain options such as continuing mediation, entering arbitration, or going to court.
How Long Does Mediation Take?
Family law mediation often requires six to 12 sessions spanning several weeks.
How Does It Differ from Arbitration?
In simplest terms, arbitration results in a legally binding decision determined through a contested hearing that is very similar to a court proceeding. While arbitration has become a popular and cheaper alternative to going to court, the practice has drawn criticism from those who say the process can be more susceptible to bias.
Contact Tournour Law
Mediation can foster open, respectful, and productive communication. If you want to explore options for mediation and avoid the stress and expense of litigation, contact our law firm online or call (732) 418-9772 today and schedule a consultation. Our attorneys can help determine if mediation is right for you.
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