There are many questions you may have about getting a divorce, today we are featuring this frequently asked question about MEDIATION.
Is Mediation required
and is it really helpful?
If they are unable to reach agreement on every issue in
dispute, the parties will be required to attend Mediation. If there are no
minor children involved, mediation may still be held if both spouses agree to
attend or if it is otherwise ordered by the Judge. The mediation fee is $80.00 for each party,
although it sometimes makes sense to pay the full amount of $160.00 in order to
move matters ahead more expeditiously.
Mediation is informal in the sense that the spouses, their attorneys and
a mediator meet in private, without the customary Court rules regarding
evidence or courtroom procedure. The
mediators are hired by the Court and have received training in the art of
mediating, although few have formal legal training and they therefore cannot
provide legal advice. As an impartial
third party, the mediator tries to help the parties reach reasonable agreements
regarding the issues of the divorce. It
is not a purpose or goal of mediation to seek to reconcile the parties’ marital
differences. The mediation process has
been found to be a useful tool for obtaining a fair settlement agreement in
many contested divorces. However, the
“job” of the mediator is to facilitate an agreement. It is not his or her job to look out for your
interests or to protect your legal rights.
That is our responsibility as your lawyer.
If you would like to learn more, log onto our website or give us a call at 207.786.0311. We would be happy to meet with you and discuss any questions you may have. We have Legal Centers in Lewiston, Yarmouth and Topsham.
Thanks for considering Shankman & Associates, we are here to help!
