A Guide to Mediation

If you are involved in a divorce, your lawyer might recommend divorce mediation as an alternative dispute resolution. Mediation is often an effective way to resolve a legal dispute, but in a more affordable, faster, and pleasant way than traditional processes such as litigation. If you are not familiar with divorce mediation, please review this guide and then speak with a divorce lawyer for further clarification.

What Cases Can be Mediated

In general only a civil case can be mediated. The exception to this is when a nonviolent criminal matter is involved, such as verbal harassment. In addition to divorce, other types of civil cases that may be mediated include:

-Business disputes
-Disputes between a landlord and tenant
-Contract disputes
-Small claims disputes

Claims that might not involve a direct legal issue might also be ideal for mediation. An example of this would be disputing with the neighbor about a fence, or encroaching bush line.

Many people opt for mediation when they have concerns about maintaining in good standing with the other party. Mediation is meant to be collaborative and cooperative which is why businesses tend to prefer this alternative dispute resolution over litigation.

Cases Which May Not Be Ideal for Divorce Mediation

Although your case might be able to be mediated, there is a chance that it is not the best option for your situation or objectives. You should consult with your lawyer about the pros and cons of mediation related specifically to your case. Some general reasons to not mediate are:

-You feel the other party should be found guilty
-You want to set a legal precedent
-You believe the court would sympathize with you and award you with a large settlement

Having a Lawyer Present in Your Mediation

Mediation does not require a lawyer, but it is usually in your best interest to have one. At the minimum, you might want to retain a lawyer to act as a consultant. He or she can give you advice on what to do or what not to do; thereby, ensuring a more successful mediation. You should also talk to a divorce lawyer about the consequences and settlement of a mediation.

The Time of a Mediation Procedure

In general, mediation takes between one and three days. Some disputes could take longer, even several weeks. This time will still be faster and more affordable than litigation which is why you should consider mediation first.

A General Overview of the Mediation Process

In general a mediation process will go something like this:

1. Introduction – A mediator explains the rules and process to come.

2. Statements are made – Each party discusses the dispute.

3. Identifying the dispute – The mediator will ask questions to both parties to better understand the dispute.

4. Private caucuses – The mediator may hold private, confidential meetings with each party to discuss his or her side and any potential solutions.

5. Negotiations – The mediator will being to help parties come to an agreement.

6. Written agreement – Once a resolution is made, the agreement will be put into writing. After the parties will be asked to sign it. The mediator might recommend both parties to have a lawyer review the agreement first. If mediation was not successful, both parties will be informed of their rights for proceeding forward with the case.

Are You Looking for Reliable Divorce Mediation Lawyers?

Regardless of what kind of dispute you are trying to resolve, the divorce mediation lawyers at Derr & Villarreal, LLC can help. We are able to provide you with practical advice about your situation, the mediation process, and other options you might have. To find out more information about divorce mediation, please call Derr & Villarreal, LLC now.