- Mediation is the formal process of settling your case. It is required in almost every case by the court. It is confidential and a more cost-effective way to finalize a case versus going to trial. You and your attorney sit in one room and the other side sits in another and the mediator goes back and forth to try to reach an agreement. Unlike what you see on TV in legal dramas, you don’t actually see the other side during mediation.
- If an agreement is reached, it is BINDING. There is no going back or “buyer’s remorse.”
- Your attorney must present the whole time.
- A mediated settlement agreement, often abbreviated to MSA, must be signed by both sides and their respective attorneys.
- If you don’t agree, you don’t have to sign. In fact, don’t sign. There is almost no way to undo a mediated settlement agreement.
- It is okay (and possible) to reach a partial agreement. Sometimes people reach partial agreements (meaning, you settle one issue like child support, but not another, like a property division in a divorce).
- Mediated settlement agreements, once signed, are binding (I know we said it already, but its that important to know!)
- Come by yourself. Do not bring anyone with you.
- Dress comfortably – you will be there a while.
- Bring your computer (if you have one).
- In cases involving family violence, judges can waive the mediation requirement. Alternatively, Judges often instruct the parties to mediate via Zoom (or the parties can agree to do so) if there are safety concerns.
- It is normal for one of the attorney’s to host the mediation at their office – sometimes its your attorney, sometimes its the other side. Every once in a while a mediator has their own office.
- Mediation is often conducted via Zoom (or other video conferencing system). It is still just as binding and just as effective. The mediated settlement agreement can be circulated electronically.
- Unlike Court where the outcome is completely our of your hands, mediation gives the parties control of the outcome. The only options are what each side proposes/agrees to.
- Fair” is a forbidden, four-letter word when it comes to mediation.
- The key indicator of whether a mediation was successful is whether you can make the agreement work. Think “Can I live with this?” or “Can I make this work?”
- If you leave mediation without a signed mediated settlement agreement, there is no deal.
- If you reach a partial MSA, the court will only hear the issues not resolved by the agreement at trial.
- After mediation, one of the attorneys will prepare the formal order confirming the MSA into an order of the Court. Both sides review it, sign, and submit it to the Court for signature to get the case finalized.
Have we mentioned that an MSA is binding? You cannot revoke the agreement once reached. Think of it as carved in stone.
Mediation is a really great way to try to resolve even the most difficult of situations and get your family on the way to the next chapter.
Questions about how mediation may be right for your case? Give us a call at 214-528-3344 to schedule a consultation.