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Mediation Mediator

Mediation is a voluntary and confidential process in which a neutral third-party facilitator (the mediator) helps people discuss difficult issues and negotiate an agreement. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. A mediator may or may not be a lawyer.

Question: whats a mediation or mediator and does dat mean im guna get a divorce? does dis mean im getting a divorce if im guna get served with papers that i have to go to a mediator with my wife who moved out two weeks ago

Answer: In most states, the law requires two people to go to court and get an order signed by a judge before they are considered to be divorced. The law forces them into the position where one is the "Plaintiff" (brings the action for divorce) and the other is the "Defendant" (can defend, or not defend). Also, most states have a no-fault divorce based on separation for a certain amount of time. The particulars of each state's law are different, and so you should not take this as legal advice! It's my opinion that you need a lawyer to help you sort out what to do next. The first big question is, do you want a divorce? Do you hope to go to some sort of counseling or try to talk your wife into reconciling again? Before you answer that question, answer for yourself honestly the question, "Why did she move out?" Figure out what you did to contribute to that, and decide whether you are willing to change it or not. It may be that she will be entitled to a divorce no matter what you want. If you have been "served with papers," by all means you should READ THEM! Most likely, you have been sued for divorce. Most likely, the mediation has been scheduled so that a neutral party (the mediator) can guide you and your wife in a discussion and to reach agreement on issues related to dissolving the marriage. Some of the issues which may be involved would include dividing up assets, dividing up debt, alimony, child support, tax consequences, and even who is the beneficiary on your life insurance policies! If you agree on all these, the mediator will write up an agreement for you. If you don't, the mediator will attempt to help you reach agreement. Divorce is complicated and has long term legal consequences. Do you see that you need to get this figured out and get an attorney? Because let me tell you, you at least need to consult with an attorney. Most people who go to mediation in divorce either know what they are doing (they would have read the paper already and know what mediation is) or they get an attorney to go with them to the mediation. The mediator's job is to be neutral and to facilitate a meeting designed to help you reach agreement. He may or may not be an attorney, but is guaranteed to be an expert in communication and in conflict resolution. The mediator is a bit like a referee. Mediation is always voluntary and it is not up to the mediator to decide anything. If you don't agree at mediation, that is when you have to go put it into the hands of a judge by going to court. If you can agree at mediation, you save time, expense, and fussiness. You reach an agreement that you both agree to, then your mediator or attorney drafts it, and all you have to do is ask the judge to sign it to make it into your divorce decree. (You will probably need an attorney for that last part.) If you don't reach an agreement at mediation is when you end up having to go to court. It's really too bad if it goes that far, because mediation costs a fraction of litigation and also (in general) leaves people a lot happier overall. Good luck!

 


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