If every legal issue had to go to court and be decided upon by a judge or jury, even simple cases would take years and years to be settled. This is not to mention the costs that people would be responsible for to retain attorneys and pay for court time. Several types of legal decisions can be made using alternative forms of conflict resolution instead of through a court. Mediation is a popular way that employment and family law issues can be settled. Decisions made during mediation sessions are legally binding after proper procedures are followed. Work with a Montgomery County family lawyer to obtain representation and determine whether or not alternative dispute resolution techniques may benefit your case.
What is Mediation?
Mediation is an alternative dispute resolution method that allows the involved parties to maintain control of all decisions being made. When the individuals agree to mediation they will meet with each other and a third party mediator in a neutral location outside of court. The mediator should have no biases and be unaffected by the outcome of the negotiation.
The parties may choose to have legal representation present or forgo it. During each session, the parties will discuss their desires and concerns regarding the relevant issues. They will negotiate with one another, working towards a mutually satisfactory agreement. The mediator’s role is simply to help them navigate the deliberations and guide them in a productive manner. They have no authority to make decisions on their behalf, only to offer insight and keep the peace.
What Can Be Decided During Mediation Sessions?
Mediation is often used in a multitude of legal fields. In terms of family law, mediation sessions can be used to hammer out the details of the following issues and more.
- How a divorcing couple will divide their savings, retirement accounts, investments, debts, etc.
- Who will stay in the marital home or the selling agreement
- A child custody schedule and visitation
- Which parent will pay child support and how much
- Whether or not one spouse will pay alimony to the other and the terms of that agreement
The above and more can be decided during mediation. But will the decisions made be legally enforceable?
Are Decisions Made in Mediation Legally Binding?
After the details of the relevant topics have been discussed and a settlement reached, the mediator will draft a mediation agreement. It will outline the outcome of the discussion and the details of the agreements that each party has accepted.
Both individuals will sign the agreement and the necessary court documents will be collected and organized by both parties’ attorneys as well as the mediator. A judge will sign off on the settlement, making it legally binding. After the documents are signed any agreement included will be legally enforceable and to act in opposition of any stipulation could result in serious consequences.
Speak to a Mediation Attorney Today
Mediation is one option that may suit your and your family’s needs. Reach out to a skilled attorney today to discuss your options and figure out if your legal issues can be resolved through mediation or some other form of conflict resolution.
