Pros and Cons of Divorce Mediation

Date Posted:August 19, 2014 | Categories:

Columbus Ohio Divorce Mediation

In Dublin, Ohio, divorce lawyers know that the Franklin County Domestic Court usually suggests parties attend mediation. This is especially true when custody is at issue in the divorce. Mediation is a process where a neutral third party, the mediator, facilitates communication and negotiation. The goal of mediation is to help the parties reach an agreement. Both parties work together, with the help of the mediator, to develop solutions. Mediation sessions last approximately 1 to 2 hours.  The number of sessions required to complete mediation depends on many different factors including the complexity of the issues and the communication styles of the parties. 

 

Pros

  • Mediation is confidential. Everything that is said during a mediation session is confidential.  Neither the mediator nor the mediator’s notes can be subpoenaed. 
  • You will have a chance to be heard. Each party is given a full opportunity to share his or her perspective on the situation. The mediator then summarizes the information shared by each party and helps define the issues. 
  • Mediation is cost effective. It is often cheaper to come to a decision in mediation and have a lawyer draft the agreement, than it is to litigate each and every issue.
  • Mediation can result in a mutually agreeable solution. When parties design their own solution to their issues, they are more likely to be happy with the outcome.

Cons

  • Mediators cannot put pressure on the parties to come to agreement. Mediators can only facilitate discussion.
  • Mediators do not replace lawyers. The mediator focuses on helping parties reach their own agreements and cannot give legal advice. If the parties reach agreement in mediation, an attorney should write up the final agreement and officially complete the legal procedure. 
  • Mediation is not legally binding. Mediation agreements become legally binding once they are reviewed by the parties’ attorneys and entered by the Court in the form of a Judgment Entry.  Partial agreements may also be presented to the Court at the request of both parties. 
  • Mediation is not always successful. If the parties do not reach an agreement, they parties will appear for their previously scheduled Court hearing. 

With over 30 years of experience, the Dublin, Ohio divorce attorneys at Edward F. Whipps & Associates know how to prepare their clients for mediation. Attorneys rarely attend mediation sessions; however, most parties find it useful to have an attorney. Attorneys help their clients understand the law. We work with clients through the mediation process and help them make legally informed decisions. Unlike mediators, our attorneys will give you the legal advice you need so that you go into mediation primed

At Edward F. Whipps & Associates . We know how to help our clients avail themselves of the mediation process to minimize the emotional toll and high costs of litigation. Please contact us to discuss your situation with one of our qualified divorce attorneys in Dublin, Ohio or Columbus, Ohio. Call us today to arrange a mutually convenient time for a consultation at our Columbus office at (614) 461-6006, our Dublin office at (614) 461-6007.