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The Myth and Reality of Opting for Mediation

For many people, the thought of litigation is enough to make them cringe. Thatu2019s why it's important you find someone with experience who will work hard on your behalf during this difficult time period; don't let yourself fall victim by trying mediations or shortcuts which may lead down an even darker path than necessary. Our attorneys at LaMonaca Law have extensive experience and understanding of Family Law in West Chester PA and are more than willing to help. Click https://www.lamonacalaw.com or call 484-440-9284

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The Myth and Reality of Opting for Mediation

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  1. THE MYTH AND REALITY OF OPTING FOR MEDIATION

  2. A common question AcommonquestionthatwegetaskedatLaMonacaLawis: “ShouldIgofor mediationinsteadofgettingmyownattorney?” Whilemanypeoplehave positiveexperienceswithdivorcemediation, itisimportanttoknowwhat mediationisandtounderstandthatithassomeseriouslimitationswhen comparedwiththetraditionaldivorceprocess.

  3. Who is a mediator? Amediatorisatrained, neutralthirdpartythatcanguideyouthroughdivorceprocessand resolveissues. However, amediatordoesnotrepresentonepartyintheprocess. A mediatorisnotyourattorney. Mediatorscannotgivelegaladvice, buttheycanprovide couplesinformationaboutPennsylvania’sdivorcelaws. Also, mediatorsaretheretogetyou tocometoanagreementandhaveabsolutelynoobligationtotellyouwhether somethingisafairdeal. Therefore, whilemediatorsdoseektohelpyouamicablyreachan agreement, theymaynothelpyoureachanagreementthatisfairtoyou.

  4. Why people opt for mediation? Peopleoftenshyawayfromhiringtheirownattorneyandoptformediationbecausethey donotwanttomaketheirdivorcemorecontentious. Oftenpeopleareworriedthathiring anindividualattorneywilldragthedivorceprocessoutandresultinmorefighting. Of course, therearesomeattorneysthatseektoprolongandoverlylitigatethedivorce process. However, anexperienced, contentiousfamilylawattorneywillactuallylookto provideyouthebestvaluepossibleandwilldoacost-benefitanalysisbeforepursuinga particularcourseofaction. Agoodattorneywillalwaysadviseyounotonlyofwhatthe bestpossibledealisforyouandalsowhetheraparticularcourseofactionisworth pursuing.

  5. The myth about mediation Thereisalsoapersistentmyththatmediationischeaper. Whilethismaybetrueinsome cases, itismostdefinitelynotalwaysthecase. Manyoftheelementsofadivorcecanbe negotiatedoutsideofcourt. Acustodyagreement, forinstance, canbeenteredvia stipulationwithoutevergoingtoacustodyhearing. Similarly, aPropertySettlement Agreementforequitabledistributioncanbearrivedatwithoutgoingtocourt.

  6. The reality check However, thevalueinhavingyourownlawyerisinthereviewandthenegotiationofthese elementsofyourdivorce. Youcanalwaysworktokeepyourdivorcecostslowbyworking withyoursoontobeex-spouseandremainingasamicableaspossible. Whenyoudecide toundergothedivorceprocesswiththehelpofadivorceattorney, youandyourspouse canstillsettlealloftheissuesandavoidcourtappearances; however, youwillnowbe doingsowithanattorneywhocanguideyouandhelpyoureachagoodresolution. Also, realizethatifyougothroughthemediationprocessanddonotcometoanagreement, youwillhavetogotoanindividualattorney. Thisresultsinanalmostdoublingofyour costs!

  7. In which cases mediation may not work Finally, itisimportanttonotethattherearesomesituationsinwhichmediationmaynot beadvisable. Whilemediationdoesworkinalotofcases, therearecertainsituationsin whichmediationmaynotbeabestwaytohandleyourdivorce. Ifyoubelieveyourspouse maybehidingassets, mediationwillprobablynotleadtoafairsettlementagreement. Rather, youwillneedanattorneythatisableandwillingtoengageinfinancialdiscovery. Secondly, mediationisnotagoodideaiftherelationshipwasabusive, controllingor involvedaseriousimbalanceofpower.

  8. Does medition tend to favor a particular party? Becausemediationreliesonthepartiescomingtoanagreement, amediatorwillnot necessarilytellapartythattheagreementisunfair. Therefore, mediationtendstodisfavor theweakerpartyinthesesscenarios. Indecidingthebestwayforward, itisalwaysbesttomeetwithanexperienceddivorce attorneytodiscussyoursituation.

  9. LOCATION LaMonacaLaw 341WestStateStreet, Media, PA19063 Country12345 Contact Us EMAIL info@lamonacalaw.com For consultation PHONE NUMBER (484) 440-9284 www.lamonacalaw.com

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