What is Mediation?

And How Does It Work?

tip150redWhat is Mediation? Mediation is an alternative dispute resolution (ADR) process in which a trained neutral mediator facilitates communication between you and your EX, without deciding the issues or imposing a solution on either of you whether it be divorce, custody battles, or child support issues.

The process: The mediation process is designed to resolve disputes without giving the decision-making power to someone else (like a judge). It involves sitting down with the other side (your EX) in the dispute and a third-party (the mediator) who acts neutral and unbiased.

Mediation is meant to serve as an alternative to divorce court where attorneys meet for each side, and a judge ultimately decides the case.

The mediator: It is not the mediator’s job to resolve problems or force an agreement on you or your EX.   The mediator helps both of you come to an agreement by acting as go-between. A mediator may offer an opinion or make suggestions however, in most states they are not allowed to force an agreement upon the parties.

Each State differs:  Statewide there are legal difference with respect to divorce/family law and mediation, but in general the mediation process is usually voluntary and confidential. Many courts offer free mediation or even require court appointed mediation prior to clogging up time in divorce court.

Check your local jurisdiction to verify exact details.  The National Center for State Courts (NCSC) is a good place to start.  They list each state court alphabetically with references to various branches.

For more on this subject:

National Center For State Courts (NCSC)

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