What takes place in Divorce Mediation?
What takes place in Divorce Mediation?
In divorce mediation, you and your spouseor, in some cases, the two of you and your respective lawyershire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. Mediation is confidential, with no public record of what goes on in your sessions.
Can I refuse divorce mediation?
If you are invited to attend an FDR process, and you not wish to attend mediation, that is your choice. It is possible that the Court will make an order for the other party’s costs to be paid by the person who refused to attend mediation; if the refusal to attend mediation increased the costs of the other party.
What can you not do during divorce mediation?
Don’t hide behind someone else and expect the best possible outcome. Do NOT hide assets. If you lie, you’re setting yourself up from so many headaches. Honest financial disclosure is part of the trust building required to make mediation work.
Can I skip mediation and go straight to court?
While you may wish to go straight to Court, in most cases you will need to attend a Mediation Information Assessment Meeting (MIAM) to determine whether Family Mediation could be an alternative to the Court process.
When should you not use mediation?
Mediation only works if one party pays money and the other party is willing to take less than what they might get at trial. However, if a party believes it is not liable and should not pay any money, then mediation will not resolve the dispute.
Will it look bad if I refuse mediation?
No, only an accredited family mediator can decide if mediation is not suitable for your case. Once they have made such a decision, mediation should not take place, unless the circumstances have changed since that decision was made. In such cases, you may wish to attend a new MIAM to see if mediation is now suitable.
Can you say no to mediation?
Or they are the respondent, who is being lead unwittingly toward the court. By trying mediation, a couple has nothing to lose and everything to gain, starting with their self-respect. The answer of course, is yes, you can refuse.
Does a mediator decide the outcome?
Unlike a judge or an arbitrator, the mediator won’t decide the outcome of the case. The mediator’s job is to help the disputants resolve the problem through a process that encourages each side to: identify the strengths and weaknesses of their case.
Do both parties pay for mediation?
Usually each party pays an equal proportion of the costs associated with the mediation, although other arrangements can be agreed by the parties or ordered by the Court.
