If you’re going through a difficult divorce or just trying to make sure that you get your fair share when you leave the marriage, it can sometimes be a little tricky. With so many of the dockets completely full, it can take some time to get your case heard in court. There is however an alternative available, try using a mediator. The mediators job is to hear all sides of the argument and creatively come up with alternatives so that everybody gets their fair share. There are somethings that you should know about mediation. For instance, a mediator is not a judge, he’s not there to make a judgment, his job is solely to listen to everybody’s case and come up with a solution that works for all parties involved. Sometimes they do have to be creative with the process, but a good mediator can also be a great asset.
Also, any information the mediator is given is considered to be confidential. They are not allowed to discuss this with others and if for some reason the mediation fails, any statement that was made cannot be used at trial. The mediator can’t be compelled to testify for either side. Also, when a mediation settlement is reached, it is binding. Therefore, both parties should fully understand and agree that what they mediate is what they want. Especially if the decision involves children, parenting time or division of assets.
The mediator will typically divide everyone up into separate rooms, so he can hear every part of the case separately. This allows him to hear everyone’s concerns one at a time. While, many cases do wind up in court, it is not the only option. If you are having problems getting your case heard, try to mediate and see if you can come to an agreement. Going through a divorce or custody hearing is difficult enough without adding more stress to the situation.