Mediation can be an alternative to litigation; however, in most jurisdictions, mediation is required before a judge will set a case for trial. There is nothing binding at a mediation session, unless the parties agree. There are four (4) possible outcomes at a mediation: a full agreement, a partial agreement, an impasse or a continued session. The mediation session is confidential in nature, so nothing learned in mediation (there are a few exceptions specifically with abuse and crimes) is admissible in court; therefore, parties are encouraged to be completely transparent in order to obtain a full agreement. It is easier for parties to co-parent if they are able to create their own agreements versus one be ordered for them to follow by a Judge. A mediator, acting as an impartial third party, facilitates the process in the hopes of obtaining an agreement, this give the parties the control they need to come to an agreement. Parties can attend a mediation with or without attorneys, that is their choice.
March 28, 2025
