A mediator cannot actually divorce parties

Divorce and Family Law MediationMany individuals who are going through a divorce are sometimes interested in mediation. Mediation is a good process that can help lots of individuals get to a resolution.

But many are confused about what a mediator does and does not do. Many think that a mediation can actually divorce parties.

In other words, they believe that a mediator can actually work like a judge. For example, they think they can avoid court altogether and the mediation can sign and approve a final divorce judgment just like a judge.

This is not the case at all. What a mediation can do is sit down with the parties going through a divorce. A mediator can help the parties enter into a dialogue about their case.

A mediator, in essence, works like a facilitator where they get the parties talking and discussing the case. Both parties can express their interests and goals in attempt at resolving the case.

Some mediators might weigh in more than others by explaining what they think a judge may or may not do in a given case if the case went to court. Other mediators might not weigh in nearly as much, but simply facilitate a discussion.

Mediation also normally takes multiple sessions for parties to reach an agreement. Many wrongly think that mediation is usually quick and easy. That isn’t always the case.

If an agreement can be reached in mediation, the mediator may put together a letter or memorandum of understanding. The parties might sign that document. They then take it to attorneys they have hired to file the case, draft the initial and settlement paperwork and then present it to the judge.

In other cases, a mediator might actually draft the settlement paperwork for the parties. Even there, attorneys are needed to draft the initial paperwork to get the case filed and then present the settlement paperwork to a judge.

At the end of the day, it is important to understand what a mediator does and does not do. While mediation can be great for many parties going through a divorce, a mediator is not a judge. In many cases, the parties end up with three attorneys as well helping: the mediator, an attorney for husband and an attorney for the wife.

If you need help with divorce mediation, Stange Law Firm, PC can help. You can contact us at 855-805-0595 or at St. Louis, Missouri Mediation Lawyers.

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