Is the Decision of a Divorce Mediator Final?
Going through a divorce is an extremely challenging and emotional experience. Not only are you dealing with the end of a relationship that you had thought was going to last forever, but you are suddenly at the mercy of laws and processes that are unfamiliar to you. One option for dealing with the many conflicts that arise in divorce is to work with a divorce mediator, who is trained to facilitate resolution in a non-adversarial way. When you choose mediation, the goal is to find a middle ground that is acceptable to both spouses without the animosity that is often engendered by having issues hammered out by attorneys representing each spouse. Though mediation is extremely popular, people considering it often have questions about whether it is right for them, and one of the most common things people are uncertain about is whether decisions made by a divorce mediator are final.
The truth is that mediators do not make decisions: what they do is listen to both sides’ goals and then try to find a middle ground that represents the compromise that will bring both parties closest to their goal while remaining in keeping with the law. There is nothing binding about the recommendations that a mediator makes. Both parties to the divorce remain in control while working toward a solution. In most cases, each spouse has their own attorney who helps them to formulate their goals and who reviews the agreement crafted by the mediator. It is only after the parties to the agreement have signed the agreement that it becomes legally binding and final.
There are many advantages to using a mediator in a divorce. Each spouse can make their own decisions about what they want and can express that to the mediator. The process is much less expensive, as there is less time spent on representation in court and less money spent on arguing because the focus is not on winning, but on finding an accommodation that both spouses can live with. Perhaps most importantly, there is less animosity and strife, which will make interactions with your ex-spouse much easier going forward. This is particularly important in situations where child custody is involved. Parents who opt for using a mediator in their divorce tend to put their children’s well-being first. If you would like information on using our mediation services in your divorce, contact our office today to set up a convenient time to meet.