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Mediation Basics

Mediation is becoming a common practice in legal settings, particularly in the family law arena. However, many people are unfamiliar with what mediation really is.



What is Mediation?


Mediation is a process in which a neutral third party, or mediator, assists people involved in a dispute or legal case in reaching a mutually acceptable resolution. This resolution becomes a binding agreement between the parties, similar to a contract. In family cases, a mediated agreement is often incorporated into a court order, allowing a court to enforce the agreement if someone does not follow it.


Benefits of Mediation


Flexibility and Control

Court cases can be very constraining. Everything from which issues can be addressed and what potential solutions are available to how information is presented is controlled by specific laws and courtroom procedures. In contrast to court proceedings, mediation gives the people involved more flexibility and control. The parties can focus on the issues that matter most to them and discuss their situations in an informal, conversational way, rather than in strict courtroom formalism. The greater flexibility offered by mediation also allows parties to maintain more control over their lives. Rather than a judge telling the parties what they have to do, the parties can work together to come to a satisfactory solution.


Privacy

Many aspects of a legal case are open to the public and become public record. In contrast, mediation offers the parties a private, confidential environment to discuss their personal lives; only the final agreement itself becomes public record, rather than every detail of the mediation.


Affordability and Convenience

Mediation often carries the practical benefits of being faster, less expensive, and more convenient than going through an extensive court process.


Better Outcomes

In the family mediation context, mediation can lead to lower rates of re-litigation, less interparental conflict, and greater satisfaction. While every case is different, many people going through a divorce can see these same benefits from mediating their own cases.


If you are seeking a divorce or are interested in mediation, contact Anderson Cullen at (469) 559-8657 or info@andersoncullen.com to set up a consultation. Every case is different, and no strategy works for every case. Together, we can figure out if mediation is a good fit for your situation.

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