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Why would you choose mediation if it is not binding?

| Sep 26, 2019 | Divorce Alternative Dispute Resolution |

Mediation is a type of alternative dispute resolution. It creates a more casual atmosphere where the couple going through the divorce can sit down with one another and discuss their specific dispute.

While in mediation, a third-party mediator is present to listen to concerns about the divorce. The mediator may help by providing legal knowledge or talking about solutions that worked for other people, but the mediator will not push the couple to agree in any specific way.

Mediation is not binding. That means that the agreements that you make during mediation sessions are only valid during the session and as long as you both continue to agree on the terms. Without the agreement being legally binding, you or your spouse could change your mind later, altering the agreement or turning to the court for a different solution.

Why choose mediation if it isn’t binding?

Even though mediation isn’t binding, it can be a good solution. You and your spouse both have the right to bring an attorney to the session, and your attorneys can draw up legal paperwork if you do come to an agreement. Once you sign legal documents, the agreements are binding.

Many people like mediation because of the more relaxed atmosphere it offers. They have a third party there to keep them on track and reduce conflict, but they’re still working out their issues outside court.

If you are interested in mediation as a solution to your disputes, let your attorney know. They can help you find out more about alternative dispute resolution, mediation and other options.