Explain Mediation to me please

[DwarfMaster]

I've seen several posts where people recommend a mediator as opposed to a divorce lawyer.

What are the differences? Benefits?
When are they generally used ~ when we agree or disagree on who gets what?

What do you have when you're done...a legal court order?

I've never know anyone who used a mediator.

 

[sodaseller]

If you and your spouse can agree with some legal guidance, a mediator will save a lot of money, aggravation and heartache. Depending upon how complex your financial affairs are, it's possible to agree on a property distribution without going through the legal process. Divorce laws usually are formulaic, and can be applied in most instances in a pretty straightforward manner. A mediator is a trained neutral intermediary that tries to get the parties to agree You usually start out altogether in one room where each sets put their position. Then you break out and the mediator shuttles back and forth advising each privately to see if agreement can be reached. If so, a settlement agreement is drafted and signed and then approved by the Court, where it has the force of a court order

 

[Lessa of Pern]

and what's great about mediation...mediators facilitate agreement, but if you can't come to an agreement, the mediator can't impose one on you...you've preserved your right to go to court.

 

[mt2]

I'm sorry, I read "medication" not "mediation'. I was wondering why someone would ask about medication.

Sorry for the situation your in. Best of Luck during this time.

I need to get my eyes checked.

 

[DwarfMaster]

We already agree on who gets what....The only issues are Custody & Support.

Do you think Mediation would work?

How much does this generally cost?

 

[Lessa of Pern]

fees depend on who you ask to be mediator. they're genrally comparable to what you'd pay an attorney for his/her time...but since there's only one mediator and you usually split the bill, it comes out cheaper for both sides.

you may also want to include a provision that anything discussed in mediation remains confidential...just in case things break down and you can't resolve the issues, you don't want to be in court and hear "but you told the mediator you would accept this..."

 

[sodaseller]

you may also want to include a provision that anything discussed in mediation remains confidential...just in case things break down and you can't resolve the issues, you don't want to be in court and hear "but you told the mediator you would accept this..."

Good to include, but already the law in any event

 

[Lessa of Pern]

not in every jurisdiction, sodaseller...

and it's better not to be surprised.

 

[sodaseller]

Good point - it is in Florida, but there even argument over whether it has to be court ordered mediation to apply

 

[DwarfMaster]

This sounds like it might be the best option for me.
How do you find a good mediator?