Divorce Lawyers, Divorce Mediation

Divorce mediation and arbitration are decidedly different concepts. Divorce mediation is an integral step in the court's process of resolving matters in court. In one sense, divorce mediation is similar to a mock trial, in which both parties present their case informally, with a qualified mediator acting as referee (the role of a judge). The parties frequently resolve issues a reach agreed settlements. Divorce mediation saves time, attorney fees, and aggravation. Arbitration is a substitute for court resolution, and is not allowed to terminate marriages.

Divorce Mediation Advantages

Courts frequently order parties to mediate before trial. Years ago, trial lawyers resisted divorce mediation, and preferred to battle wits in the courtroom. No longer. Mediation is not necessarily binding, and offers an excellent opportunity to resolve cases on more favorable terms than are available at trial. Results from mediation and trial differ because mediators cannot exclude testimony, opinion, and creative settlement offers as judges do. Judges are limited by strict legal standards and the rules of evidence. Trial verdicts dictate terms of resolution regardless of the agreement of parties. To add value to client results, astute family law lawyers consider mediation as another valuable tool at their disposal. The limited time and expense required to mediate often produces outstanding results for clients.

Divorce Mediation - Problems

A few courts and mediators may recommend that lawyers are excluded from the process. If both parities are equally skilled, prepared, and willing to represent themselves in an adversarial meeting, the exclusion of lawyers may actually be beneficial. However, in most cases, spouses are seldom equally able to represent themselves.

See Also: Divorce Lawyer - Divorce Mediation, Divorce Lawyer - Filing Suits, Divorce Lawyer - Child Support Services, Divorce Lawyer - Questions