Although mediation does not take place in a courtroom or in front of a judge, the agreements made through this form of conflict resolution can be legally binding. If you are considering mediation during your case, one of our Sparta family law mediation attorneys is equipped to help you navigate the legal process. Reach out to a skilled lawyer today for more information.
What is Mediation?
Mediation is an alternative dispute resolution that promotes cooperation and honesty between parties. During mediation, the involved parties will meet with the mediator, a neutral and unbiased third party. The mediator is trained in conflict resolution and communication. They have no authority over decisions being made but they help facilitate the negotiation process and ensure everyone’s voice is heard.
The parties will discuss each subject and negotiate their wishes while being guided by the mediator. Depending on the relationship between the two parties, mediation can prove beneficial in many scenarios.
What Agreements Can Be Made Using Mediation?
Mediation can be beneficial because of its offered confidentiality, reduced cost, and expedited timeline. Parties who use mediation can benefit from its informality as it allows them to come up with creative and unique solutions that are flexible and designed to suit their personal needs. Whether the parties are getting married, going through a divorce, discussing parenting issues, or dealing with any other family law matter, mediation can help.
In terms of family law, mediation can be used to do the following and more.
- Create a prenuptial agreement before marriage
- Decide which spouse will pay alimony, also known as spousal support, and how much
- Divide assets and debts between spouses during divorce
- Create a custody and visitation plan for any shared children, designating who the custodial parent is and when the parents will alternate custody
- Determine how much child support the noncustodial parent will pay and what the payment schedule will be
Is Mediation Legally Binding?
It has been established that the above decisions can be made during mediation, but how are they enforced? Mediation is legally binding but only after an agreement has been signed.
A mediation agreement is a legal document outlining the decisions made and resolutions reached during the mediation sessions. It is a legally binding contract but it is not enforceable until it is signed by both parties and approved by the court.
There are times when the court may not approve the agreement or parts of it. In this case, a new document must be drafted that meets the appropriate standards and requirements. For example, if one of the parties is mentally incapacitated and could not reasonably understand what they were agreeing to or the consequences of the document then the court may deem the contract unenforceable. Or, particularly regarding child custody and support, the court may deem the agreement unfair to one party or not in the best interest of the child.
Speak to an experienced attorney today to discuss your legal rights and how mediation may be the best path for your family law case.
