WHAT YOU SHOULD KNOW ABOUT MEDIATION
Many couples are choosing to attend mediation rather than seek the
representation of an attorney when considering a divorce. So rather than
speaking to an attorney to learn about the law, they decide to attend a
mediation session, without representation; in the hopes of settling their case
quickly and painlessly.
In some cases this could be a good idea, since it probably would be less
costly. However, as the saying goes:” penny wise and pound foolish”. You may
be successful in saving costs and attorney’s fees, but you may in turn be
giving up more than you should. A signed mediation settlement agreement is a
binding contract between the parties. If in fact you change your mind about
the distribution of property after the agreement is signed, you will generally
be “stuck” with your decision. It will not be a defense that “I didn’t have an
attorney”. In addition, the mediator, although usually an attorney, is not
playing the role of an attorney and therefore cannot give either party legal
advice. Basically you will be on your own.
I am not suggesting that mediation is always the wrong decision. In fact
parties who cannot reach a settlement on their own, even when represented by
attorney’s, must attend mediation prior to a final hearing being set. So
mediation can be a very successful tool, provided you know the law. If you are
aware of what you are either entitled to or what you must give up, then a fair
and equitable settlement can be reached. If you enter mediation without any
idea of how the law is structured, you run the risk of reaching an unfair
agreement.
Perhaps the most important consideration is choosing the correct mediator.
Mediators are trained and licensed. I find it very important when hiring a
mediator, to make sure his/her personality will be favorable for my client.
Each mediator has a different style in the way they approach a case.
Mediators generally charge from $150 to $250 an hour for their time. Most
mediations last at least 4 to 5 hours, although some can last a full day.
Anything discussed in mediation is confidential and therefore cannot be
discussed after the mediation concludes. This is to promote the exchange of
settlement offers without the fear that these offers will be used against you,
should the mediation not be successful. A successful Mediator will settle
between 80 and 90% of their mediations. Those are obviously very good odds for
success.
My best advice; go to see an attorney to learn about you rights before
going blindly into a mediation. Remember, the agreement you sign can change
your life forever!
If you would like any additional information please call me at 954 385-9160 to schedule an appointment.
