Mediation | Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz
Four Reasons to Consider Mediation During Divorce and One Reason Not To
Mediation uses a neutral third party, called a mediator, to help divorcing couples find common ground and resolve contentious issues during the divorce process. Decisions made in mediation are not typically binding, and the couple may still go to court to resolve any issues left open after mediation. You also have the option to work with your experienced Pennsylvania divorce attorney during mediation.
Mediation can offer several benefits, but it isn’t for everyone. If you’re considering or currently negotiating a divorce, here are four reasons to consider mediation – and one situation in which you shouldn’t. Read the rest »
Why Mediation May Be the Future in Family Law
Mediation is a form of alternative dispute resolution which aims to assist two parties in reaching a formal legal agreement. Though mediation was at first slow to catch on in the state of Pennsylvania, this type of dispute resolution provides an effective way to handle cases that fosters healthier communication between the parties involved. Mediation is growing as an alternative practice to things like standard litigation or arbitration because it allows parties to make their own decisions and assist in creating an agreement. The Pennsylvania Council of Mediators notes that mediation is based on the belief that “the parties themselves are best able to define the issues and generate options leading to a solution that responds to their own needs.”
To illustrate the benefits of mediation, consider divorce and child custody matters, which typically involve parties whose communication may have greatly diminished and may have become very negative by the time the specific matter reaches litigation. Mediators can assist the parties in changing the tone of their interaction and communication to enable them to make constructive and positive decisions for themselves and their family. The process of mediation allows clients to take ownership of these important decisions and have a say in the resolutions, instead of walking away from the judicial process feeling that their personal issues were decided exclusively by a third party. Read the rest »
The Basics of Divorce Mediation
When a married couple makes the difficult decision of ending their union, a number of complicated matters are certain to arise throughout the divorce. To help sort out these issues in an amicable, stress-free manner, a pair might choose the process of mediation. During a divorce, mediation is one way of finding solutions to issues such as spousal support or child custody, and is basically an alternative to the formal process of divorce court. A court appointed third party, known as the mediator, meets with both parties in the divorce and their respective attorneys to assist with negotiating resolutions to their divorce.
Both parties in the divorce have the opportunity to discuss relevant issues, clear up any disagreements, and arrive at a mutual agreement. The primary goal of the mediator is to simply act as an intermediary and an objective third party; he or she does not aim to force an agreement or resolve problems. However, a mediator may offer his or her opinion or make suggestions. The process of mediation has some benefits, such as: Read the rest »
Choosing the Right Philadelphia Mediation Attorney for Your Divorce
It can be a difficult decision to decide to divorce, and one that brings with it emotional issues and a high amount of stress. Many couples going through a Pennsylvania divorce decide to settle their affairs through mediation, rather than adding litigation and court appearances to their stress.
Mediation in Pennsylvania allows a couple who wishes to divorce a way to handle matters of divorce in an open, non-judgmental environment with an unbiased mediator, typically an attorney, facilitating the discussion. While the conversation is serious, mediation is generally very informal and communication between both parties can be made easier. Often, many couples find litigation does not permit them to state their side of the story or leaves them with a settlement from a judge they are unhappy with. In mediation, both couples are given an opportunity to air their grievances, and an agreement is reached that takes both of their needs into concern. Typically, issues such as child custody and visitation agreements, property division, and more are decided during mediation. Read the rest »
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