Does Mediation Always End With A Settlement?
Does divorce mediation always end with a settlement? The secret to getting what you want out of a mediation, whether that is an amicable divorce or a financial settlement agreement, is to first understand what mediation is.
Mediation is a process of negotiating an agreement between parties that have been unable to resolve their disputes through other means. The mediator’s role is to create a safe environment in which the parties can explore their issues and arrive at their own solutions. The process is voluntary and confidential, and participants are free to leave any time they wish.
Mediation is often used for disputes involving:
- Child custody or parenting time schedules;
- Child support orders; and
- Spousal support orders.
Mediation can also be used for other types of cases where parties are willing to share information about their finances and assets with each other in order to work out an equitable solution that meets their needs and interests.
The Mediator Is Not Empowered To Impose A Settlement
While mediation doesn’t end in a settlement it can help form an agreement, such as divorce financial agreements, between the parties that once reviewed by lawyers and then signed are legally binding. It can also help the parties avoid litigation and long drawn out court cases, saving each party time and money in the long run. Read on to learn more about what mediation can do for you when it comes to reaching an eventual settlement.
Most Mediation Sessions End With Some Type Of Agreement
Most mediation sessions end with some type of agreement between the parties involved, whether it’s a decision on how much money should be paid in damages or how long a child will live with one parent or another. The mediator often works closely with both sides throughout mediation to help them reach agreement on how best to resolve their dispute.
However, there are times when this is not possible or appropriate due to the complexity of the dispute or other factors. In those situations, mediation may still be helpful as it gives each side a chance to understand the other’s position better so they can move forward with more clarity about what will work best for them both going forward.
Mediators Are At Liberty To Suggest Terms And Provide Guidance And Advice
The mediator does not take sides, but acts as a facilitator, helping the parties reach agreement on their own terms. The mediator does not make decisions for the participants, but rather helps them come up with solutions that work for them. The mediator is not an advocate for either party and does not take responsibility for decisions made during mediation.
The process of mediation usually involves four basic steps:
- Agreeing on the problem to be solved;
- Identifying options for solving it;
- Developing criteria for selecting among options; and
- Choosing one option over others or combining several options into a new solution (if appropriate).
By resolving any issues between the parties, divorce mediation allows for a faster route towards settlement as the participants spend less time arguing and more time solving problems that might get in the way of any future settlement options.
The Mediator Helps By Providing Guidance That May End In Settlement
What it comes down to is the power of one’s presence in the situation. If you have someone facilitating who has experience in negotiating and dealing with these types of issues, the prospect of coming to an agreement can increase. This can lead to less time overall spent on a settlement, which can make any party happy in the end.
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