What is a Mediation Agreement in a Divorce Proceeding?
If you are involved in a family separation and are considering whether or not to go with an uncontested divorce or use family law professionals, it may be time to consider using mediation. Many people do not realize the potential for mediation when it comes to a divorce.
What is a Mediator?
A mediator is an impartial third-party person who is specifically trained to help divorcing couples with negotiation and conflict resolution. The mediator can be either a licensed divorce attorney, a legal professional from the state where the divorce takes place, or any other individual who is trained in family law.
Family law professionals are trained specifically to deal with the legal issues of a case, not the emotional issues. For example, they know how to present the legal aspects of a case to the court. They will be well-versed in how to present evidence, what arguments to use, and how to present legal documents.
The person conducting the mediation should be an expert in family law. They will know what the courts have to say about different situations and can prepare and present an agreement that is agreeable for all parties involved. They are also familiar with the family court system and the rules that apply to each situation.
What is a Mediation Agreement?
In a mediation, the mediator and the parties involved in the dispute will come to an agreement about how to resolve the case. It is a common practice among many types of businesses to use this type of procedure in resolving a dispute.
The mediation agreement will differ depending on the situation of the mediation as well as the jurisdiction that the mediation takes place in. For instance, in a business arbitration, mediation is typically the first step participants take prior to arbitration. The arbitration tribunal may have a boilerplate arrangement that both sides must sign before they begin the process. This arrangement is generally not acceptable for a mediator as an alternative to mediation. In a divorce, the mediation agreement will cover all the necessary information of the decisions made through the divorce proceeding. It takes time and energy to completely produce a fully written and thorough contract between the two parties. You can learn more about the nitty-gritty details of this procedure by consulting a family lawyer.
Most mediation agreements will generally include three sections: the mediation terms, the mediation agreement, and the arbitrator rules.
1. Mediation Terms
The first part of the agreement contains the mediation terms. These terms include the date and time of the meeting, the date and location where the meeting is scheduled, and who will be participating in the meeting. This information will help the arbitrator make sure all aspects of the mediation are handled appropriately and legally.
2. Mediation Agreement
The next section contains the mediation agreement. This section usually lists the reasons why the mediation has taken place and what to expect during the entire process. It may also provide more information about the mediator, such as the role they played in the arbitration process and their background. The terms must be agreed upon by all parties, especially in a divorce setting. Custody of children and dispersal of belongings should be included in this part of the agreement.
3. Arbitration
The arbitration rules section of the agreement contains the rules and procedures used during the entire process. This section should contain any information on how to file grievances with the arbitrator, or how to make claims against the other party should the need occur.
These rules are used to regulate the procedures for governing the process after the agreement is made. This allows the arbitrator to proceed with the case in an unbiased manner.
4. Additional Information
In addition to these three sections, there may be additional sections included as part of the agreement, especially when it portrays to divorce. Every section of the divorce mediation agreement should be settled upon by both parties for the proceedings to run as smooth as possible.
Furthermore, there are times when an agreement will be signed that requires the signing parties to use certain methods to resolve the dispute. For example, the arbitration rules section could require both parties to submit a report back with their written reports regarding the entire mediation process and any issues that arose. These reports are not binding documents, but are considered good faith negotiations. They will help facilitate the divorce proceedings should there be problems later on.
Lastly, any agreement should clearly state the arbitrator’s rules for making the final ruling. This is so the parties can understand exactly what the arbitrator will be looking at and what the arbitrator is looking for when determining the outcome of the dispute. This will ensure that the process runs as smoothly as possible and that everything runs as planned.
Conclusion
When your marriage is at the breaking point, divorce may be inevitable. Should that happen, it is important to remain calm and search for a mediator. This third party can help you and your spouse come to terms with all the legal formalities necessary for your divorce. Once the mediator has drawn up the agreement, you will know exactly what can happen while filing your papers to finish your marriage.
Patricia Ortiz
Patricia Ortiz is a mom of three beautiful children who shares her experience on parenting in her blog. Patricia’s content covers a wide range of parenting topics – from teaching readers how to stay healthy during their pregnancy, to helping them pick the best school for their children.
