judge ordered mediation. what does that mean?
divorcing my wife and the judge ordered me to go to mediation with my ex. my lawyer said this is typical, but hasnt called me back in two weeks. can anyone tell me what all of this means?
- Anonymous4 years agoFavorite Answer
Typically, Mediation is a mutually beneficial procedure that allows all parties to be heard and discuss a problem(s). More and more, Mediation is becoming a voluntary procedure that both (or all) sides agreed to pursue, to avoid the cost and liability associated with litigation.
A court-ordered Mediation is still a mediation... however, the court-order makes it mandatory that you show up. Whereas, a court order, is a court order.
That DOES NOT mean you have to settle, nor does it mean you have to agree with the other party. It just means you need to be there.
The reason is that Mediation and ADR (Alternative Dispute Resolution) has become so popular with regard to personal injury disputes, is that mediation offers a confidential, efficient and cost-effective solution to disputes, for all the parties involved.
Most of the time, PI mediation is a "direct course" to the finish line. For example... let's say you and your lawyer determine the "most" you could recover through course of trial for your injuries is $100,000, under the law. For this example, let's say you're realistically looking at $50,000, if all goes well in trial. Mediation will likely be working with the same figures, math and calculations of recovery.
However, mediation has some distinct advantages...
A. You'll be heard. More specifically, your emotional elements, opinions and thoughts will be heard by the other party(s) directly. Whereas in a trial, "opinions" and other emotional considerations are heavily restricted pursuant the rules of evidence.
B. You control the process. The parties to a mediation determine the mediation's direction and outcome, with guidance from the mediator. In a trial, your entire fate is handled entirely by the court, the judge and jury (if applicable).
C. With a trial, the outcome is always in question, and the conclusion is a moving target. Court dates are often set months in advance, and get postponed on a regular basis. Many PI trials take years to conclude. With mediation, you know exactly what date and time you'll be able to be heard, control the process and likely bring the conflict to a close.
Best of luck to you.
- 4 years ago
Its completely normal to order mediation and it could be a better way to communicate. You will go and answer like 10 questions about how you guys communicate and share things.
Is this for custody or just for divorce?
When you go to mediation make sure that you have a plan on what you want the visitation to be if you have children, plan out for 50 50 that way its more likely to be approved since children need both parents.
If its just for divorce take a list of the things that you want to split down the middle, any type of property or bills. You can offer to take on more of the bills or give her more property if there is a chance that you make more money than her and she wants spousal support, this way she can keep more stuff instead of you paying her.
Once you go if you don't agree to what she wants then the counselor will recommend you let the judge decided. If its for custody, try and work it out, the judge doesn't know you and your exs needs for the children and it could end up being unfair to everyone. If its just for a divorce then if you don't agree you can tell the judge all about it and it will be a more fair trial then if its a custody one.
If you do have children, you will go to two mediations, one for custody and the second later on for the divorce. Be fair and be reasonable and both of you need to be willing to compromise in order for both of you to come out feeling like you won.
- TimLv 74 years ago
You go before a leagl person who decides the good and bad and resolves the issue and present it to the judge. The judge does not want to hear you fighting over little crap.
- crazyLv 74 years ago
Its means your lawyer sucks. If I file for divorce, Their will be a divorce. I would call my lawyer and say F that! I just want this over.