A Formality

Mediation is a place where 2 parties come together and attempt to resolve their issues amongst themselves instead of giving up their decision making power to a judge and allowing a judge to decide their lives for them.

If the parties do not wish to use a mediator, then they are free to go and hire attorneys to fight for their rights in hopes of winning against the other party, which in turn creates a winner and a loser instead of attending mediation and creating 2 winners.

What parties fail to realize is that with or without an attorney, they MUST attend mediation and so we come all the way back to square one. If attorneys are involved though, sometimes mediation simply turns into a formality. What do I mean by this? 

There are steps which must be taking in the legal process and mediation is one of those steps. Usually it is the last step prior to seeing the judge and finishing up your case. Sometimes it is the first step if you choose to use a mediator to take you through the entire divorce process and mediation, which will save hundreds if not thousands of dollars in the long run. Sometimes though, mediation is a formality that will simply get you to the next step. The step mediation can be used for, when using attorneys, is a hearing such as one for temporary relief. 

My mind set, regardless of where in the process a couple might be, is to resolve as many issues as possible and not simply use the mediation process as a formality. If I can empower the parties to make his and her own decisions regarding their case and even if I can help the parties resolve 1 issue, then it is a good day. Your mediation agreement does not have to be an all or nothing agreement. The more issues a party can decide on their own, the more control they will have over the final outcome and the less issues a 3rd party, such as a judge,  will have to decide for them.

Come to mediation with an open mind and in good faith to mediate and settle as many issues as possible whether you are coming with or without an attorney. Mediation is here for you to take advantage of. Use mediation and create a win win for all family members involved. 

iChat Mediation invites you to come and learn more about having either your divorce conducted by one of our State Supreme Court Certified mediators or how you can become part of the most cutting edge virtual companies in the world. To learn more visit us online at http://www.ichatmediation.com or call us at 877-822-1479.

In the words of Lawton Chiles, “I didn’t come to stay, I came to make a difference.”