In family law, mediation is often used to resolve disputes because it allows the parties to discuss solutions in a less confrontational setting. Unlike a trial, which is an adversarial process, mediation is more relaxed and is focused on reaching an agreement rather than being about one side winning or losing.
Whether it is an informal session without a mediator or a formal session with a mediator, we can protect your rights and ensure that you understand all of your options.
Keeping Your Case Out Of The Courtroom
Resolving a case in mediation is less stressful and less expensive than going to trial. When children are involved, mediation is a good option because it does not usually cause further damage to the already strained family relationships.
Sometimes people may be required in divorce, child custody, child support and modifications cases by the court to go to mediation if their case is complex or high-conflict.
The atmosphere of a mediation session is not as demanding as a trial so the parties often feel more comfortable discussing their needs and issues. Because the goal is a compromise, the discussion is typically more productive than an adversarial trial at a family court.
It is also important to point out that all settlement offers made, all discussions between the parties and/or the mediator, and all information exchanged between the parties during the mediation are barred from being used later in court if the mediation is unsuccessful. This rule helps the mediation process by promoting an open and free exchange of settlement ideas between the parties.
Formal mediation sessions are attended by the mediator, each party and his or her lawyer. The mediator is a neutral third party whose job is to help the parties reach an agreement. The mediator does not have the authority to make decisions, but is merely there to help both parties reach a fair agreement.
Unlike a trial, mediation sessions do not take place in a courtroom. They are held in offices, and the parties can remain in separate rooms if they do not wish to communicate with each other directly. In these situations, the attorneys can meet with the mediator and then discuss the options with their clients privately.
Contact the Aqrawi & Nguyen Law Firm, PLLC today at 1-844-LAW-2121 if you need help mediating you family law issues.