NCRC’s Divorce and Family Law Mediation process is a way for people to approach their situations in a methodical, empowering way that takes into account their preferences, their needs, and what is practical for them, and helps them gain an understanding of what the risks and benefits of litigation may be.
Mediation is NOT intended to be a way for people to come to agreements just to be nice or to make the divorce easy. It IS a way for couples who are getting divorced to learn about the law that is relevant to their situation. If a party is having difficulty negotiating, he or she can be referred to attorneys, financial experts, therapists or other professionals who can advise them individually and/or help them gather the information needed to make a good decision for themselves.
Many mediation clients hire consulting attorneys who provide them with legal advice and strategies either before or after the mediation sessions and review their final agreements. Some individuals feel they are unable to negotiate for themselves at the mediation because the other party is very persuasive, has most of the financial information, or for some other reason. In that case, as long as the other person doesn’t object, he/she may bring his/her consulting attorney with him/her to the mediation sessions to provide advice and counsel, The mediator is still in control of the mediation process, and the attorney can advise his/her client, and may be able to propose some options that assist the settlement process.
It is may be more expensive for the client to pay half of the mediator’s fee plus their own attorney’s fee; however, in the long run it can shorten the process and actually save money for a case that might otherwise end up in costly litigation.
Tuesday, June 21, 2011
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