Mediation is a popular process for resolving issues that arise in divorce. But is mediation the right choice for you? The reality is that mediation is not for everyone. It requires that both parties trust each other and be committed to fully disclosing all financial realities of their situation, i.e., income, expenses, assets and liabilities. If one party seeks to use the mediation process to dominate the other, or is has a history of either psychological or physical abuse, mediation is less likely to result in a successful resolution.
The job of a mediator is to assist the divorcing couple in coming to an agreement, but the mediator does not represent the interests of either party, which is why each person should have his or her own counsel to consult with during the process, and to review all documents. Lastly, if you and your spouse have few issues, or have essentially resolved your disputes, then you have less of a need for a mediator than for an attorney to draft documents reflecting your agreement, while also ensuring that you have appropriately addressed all relevant issues to your maximum benefit. Remember, though: no attorney can represent both of you.
Attorney Sullivan is a trained, experienced mediator who is also available to consult with you if you if you are working with another mediator. Please feel free to call the office to discuss the benefits and risks of mediation your circumstances.
posted on June 4, 2017 by
