Why do I need a lawyer when I have a
mediator? Though many are lawyers, mediators
are not authorized to give legal advice. Clients
should use lawyers outside of mediation to
review the settlement agreement.
We’re having a
friendly divorce. Do we need a mediator? A
mediator would be good to use in this case to
process and file your court documents,
especially if there are no issues regarding
property, support or children. Also, if you are
in agreement on most issues except one – child
custody, for instance – a mediator can be
brought in to negotiate just that one area.
How much
does it cost? A mediator’s fees are usually
quoted on an hourly basis, and both parties
share in the expenses. If the mediation is court
ordered, the fee and who is responsible for it
are set by the court. Mediation is often less
expensive than traditional litigation.
How do you
choose a mediator? Couples should select
someone with whom they can establish a good
working relationship. Mediators are
professionals who have gone through intensive,
specialized training in the area of family
mediation. You should be certain that the
mediator you choose has been certified as a
Family Mediator. Contact your local court
administrator for further information.
What is the
difference between mediation and arbitration?
Both involve a neutral third party who is not a
judge. In mediation, the mediator helps the
spouses negotiate an agreement and has no power
to make decisions. In arbitration, the
arbitrator listens to the facts and then decides
the case, just as a judge would. Although the
parties can present evidence and make arguments,
they have no say in the final decision. |
