You should consider mediation as forward-looking and solution-setting, and litigation as backwards-looking and blame-laying. Mediation may be a cost-effective and time-saving alternative to litigation. It’s a way to bypass the formality, expense, and uncertain outcome of a trial, and can encourage amicability and cooperation – the parties have more control over their outcome, including the division of assets, child custody, child support, and alimony.
You Should Consider Mediation | Memorandum of Understanding
After the mediation, your mediator will prepare a Memorandum of Understanding (MOU). This is not a legally binding document – it is only a summary of the issues you discussed and the agreements that you reached. Each party will bring this memorandum to his or her respective attorneys who will then draw up a legally binding document based on those terms, assuming there are no major objections.
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You Should Consider Mediation | Do I Need an Attorney?
It’s important to note before you enter the mediation process that a mediator cannot offer legal advice to either party, and can’t even suggest an outcome. (And really, even if mediators could offer legal advice, no one person could give two spouses all the counsel that each needs.) Because of this, the dominant party in the marriage is generally the dominant party in mediation.
You Should Consider Mediation | Benefits of Having Counsel
You can’t afford to enter mediation without an advocate and advisor. You don’t need to spend great sums on legal assistance during mediation – remember, you should be saving money by avoiding a trial – but you do need some guidance. Choose an attorney who can help coach you for your mediation sessions, helping you to draw up an outline of the outcomes you desire, look for “global” solutions, and avoid getting mired in minutiae. If you need an experienced Saratoga divorce mediation attorney, please call us today!
