Mediation is an alternate dispute resolution process. Like arbitration, mediation allows those facing a dispute to resolve their disagreements outside of court. The process is different than going to court, but the goal is the same.
Those who have disagreements that could lead to litigation can attend mediation to try to resolve the matter privately. Divorcing couples often choose mediation. The goal is to settle matters related to financial support, parental responsibilities and property division privately and amicably.
Some people hesitate to choose divorce mediation out of concern that they and their spouse won’t be bound by the terms they reach. Let’s look at how the process and the agreement work.
Mediation requires an agreement
Mediation is a series of facilitated conversations aimed at promoting compromise to settle disagreements. A neutral third party helps guide conversations to promote healthy communication and allow for an amicable resolution to current disagreements.
Mediation can become binding when the parties agree on specific terms and the terms are integrated into an agreement. Once the spouses sign that agreement, they are bound to adhere to the terms that they set.
If they do not agree on details about the divorce, they have the option of continuing to mediate as long as necessary. They can also choose to litigate if they cannot reach the necessary agreements.
Divorce mediation puts people in control of the process and the terms they set, but mutual agreement is necessary. Spouses are only bound by the process if they reach an agreement and sign a document. Learning the basics about divorce mediation can give people the confidence to attempt an alternative approach to divorce.
