When appropriate, divorce mediation is often time-saving and resolves domestic disputes in an amicable fashion with less expense than traditional litigation.
Mediation is generally reserved for parties with low intensity disputes where there is a consensus of agreement and willingness to resolve differences without the necessity of extensive discovery or analysis. Mediation works best when both parties are essentially in accord with one another on at least a portion of the matters at issue.
As a form of alternative dispute resolution, mediation is conducted between two parties in a less formal setting than arbitration or litigation and with less binding results. A divorce mediator does not have the official power to decide facts or render judgments and serves as a facilitator for discussion between parties to arrive at a resolution.
Characteristically, during divorce mediation the mediator is a neutral party trained and certified in the field. The mediator listens to both parties, invites openness in communication and focuses on shared views to reach an agreement on their disputed issues. Clients can participate in mediation either with or without their own counsel. Either party can opt out of the process at any time. The results of mediation are not binding or admissible in Court, unless both parties agree.
Mediation may be used to arrive at settlements regarding child custody, visitation issues, property division and other financial matters.
At Katz, Goldstein & Warren, we extend services in mediation as part of our effort to offer clients all possible alternatives toward resolving domestic issues. Our attorneys have extensive skills and experience, having successfully assisted numerous families through the use of mediation.