A typical mediation case takes anywhere from two hours to ten hours before resolution is achieved.
How Can I Be Sure That Mediation Will Produce A Fair Result For My Case?
You cannot be sure that mediation will produce a fair result for your case. It takes two parties who are willing to compromise and understand that they cannot have everything they want. A mediator will have the opportunity to say to one of the parties, that’s just not going to happen. The judge is not going to grant that. I have been in that judge’s court many times and he or she always does X. The mediator has a lot of power and they can help make fair resolution because some parties have no intention of being fair.
What Skills And Experience Are Needed To Be Successful At The Mediation Process?
Most mediators have taken a 2-3 day course to get certified as a mediator. As I mentioned earlier, I have been mediating since law school and have mediated lots of different kinds of cases so I have lots of experience. Many people have said I am non-judgmental. I do not come to the mediation thinking that the other side is completely out of line and should get nothing. I work with my client to understand the process and understand that they need to compromise and that they cannot have everything they want. If they don’t understand the need for compromise, opportunity for a good mediation is very slim.
Is There A Point In Mediation Cases Where An Attorney Decides That This Case Cannot Be Mediated?
I have had a couple instances where if I think we cannot reach an agreement and that we might as well go ahead and go for a trial. One of the reasons that it might happen is if one of the parties says I am not going to pay child support or that the other party cannot have visitation rights. If that is the case, then you know that this is probably not a mediation case. The next step is to tell the judge what happened at the mediation and ask that the matter be set for trial. Even if one parent is felt to be a poor parent, the courts are lenient and tend to let the challenged parent have supervised visitation. The court’s rational that they feel like it’s better for the child to have some visitation, even it is supervised.
Do We Ever Have To Go To Court In A Case That Is Being Mediated?
Usually you have to present the mediated settlement agreement to the court. The plaintiff goes to court with their attorney and they say Your Honor, here is our mediated settlement agreement. There are about 10 questions that to the attorney asks the petitioner in court and if they answer correctly, the judge will grant the divorce. I will go over the questions with my client before going to court so the questions not a surprise and usually require only yes or no answers. Typical questions include: Do you want this divorce? Do you have any expectations that you will go back to this person? Have you come to an agreement on child support? In a mediation, only one of them will have to go to court.
Does The Judge Typically Agree With The Mediation Agreement In A Family Law Case?
Yes, the judge typically agrees with the mediation agreement in a family law case unless he or she sees something on the mediated settlement agreement that is something the Judge believes is completely out of line..
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