Mediation is a useful tool in conflict resolution. Agreements made during mediation sessions can be considered legally enforceable depending on certain factors. Keep reading and contact a Memphis, Tennessee divorce mediation lawyer for additional information.
What is Mediation?
Mediation is often used in family law matters as it offers spouses and families privacy and flexibility to create unique agreements that work for their individual needs. Mediation is more cost and time-efficient than litigation. During a family issue, spouses will meet with the mediator who should be unbiased and neutral in all matters being discussed. They are not there to make decisions on behalf of the parties, only to help facilitate the conversation and negotiation process.
Only the spouses can come to a consensus on the topics at hand. The mediator assists them in exploring their options and finding a mutually agreeable resolution that caters to both of their needs and desires.
What Agreements Can Be Decided Upon During Mediation?
Generally, mediation can be used during any dispute. However, in the context of family law, the resolution technique can benefit marriage, divorce, and children. Consider the following.
- A couple can use mediation to negotiate the terms of a prenuptial agreement before they get married
- A divorcing couple can determine whether or not one spouse will pay alimony to the other and how much
- A divorcing couple can distribute property between them including real estate, cars, jewelry, artwork, etc.
- A divorcing couple can assign debts and liabilities to either spouse
- A separated or divorcing couple can create a child custody agreement to determine who the primary custodial parent will be, when custody will switch, alternating holidays, visitation, etc.
- A separated or divorcing couple can determine how much child support the custodial parent will receive from the noncustodial parent to help finance the child’s needs
Once all relevant topics have been discussed and decisions have been made, a mediation agreement must be drafted. The agreement will detail what was discussed and agreed upon during the mediation sessions.
Are Agreements Made in Mediation Legally Enforceable?
Like any legal agreement, decisions made during mediation must be examined by an official authority and signed. For an agreement made in mediation to be considered legally binding, it must be signed by all relevant parties and approved by a court. Once it becomes legally binding, acting in opposition to the agreement can result in serious consequences.
Do I Need an Attorney During Mediation?
While it is not required to hire legal representation during mediation, in some instances it can be important to consult with a professional attorney. The decisions that you make regarding your divorce or child custody will impact you for the rest of your life. You should acquire the services of an experienced lawyer who can help you understand your rights and options, giving you a better idea of what you are entitled to and what you should negotiate for during mediation.
You do not want to accidentally waive any rights or sign off on an agreement that will be detrimental to you in the long run. Speak to a mediation attorney today to explain the details of your situation and determine what you should look for during your dispute resolution sessions.
