- What is mediation?
It is a process involving a neutral third party known as a mediator who helps you to reach a divorce agreement. Issues related alimony, child support, visitation and timesharing and property division may be discussed during these mediation sessions.
- Are Mediation and Arbitration the same thing?
No, mediation and arbitration are similar but different processes. Both involve a neutral third party (a mediator or an arbitrator) who helps to settle the issues. The major difference is that an arbitrator is capable of giving a legally binding decision at the end of it. But a mediator cannot do so. The mediator can only help you and your soon-to-be ex-spouse reach an agreement. If that fails, the mediation ends.
- Is it mandatory to have a lawyer during mediation?
No, it is not mandatory to have a lawyer during the mediation process. But having one does more good than not. Having a lawyer can help make sure that your rights remain protected. Also, when ensuring that the agreement you reach is fair and just for both parties, your lawyers can help. It is best to have your lawyers look over the drafted divorce agreement. That can help make sure that it does not violate your rights.
- How long does mediation go on for?
The answer to this query depends on the type of mediation. In the case of voluntary mediation, it can go on for as long as you want. Voluntary mediation is when you and your soon-to-be ex-spouse decide on your own accord to mediate the terms of divorce. So, it can go on for as long as you find it productive. But in the case of court-ordered mediation, generally, it goes on till an agreement is reached.