Mediation Overview and Process
Many family Courts require mediation before a final trial, with some exceptions in the case of abuse, drug or alcohol abuse, or other extreme circumstances. Many Courts require that the parties attend mediation before a temporary orders hearing. see More Family & Divorce Mediation
Attending Mediation is a voluntary process, and participants can leave at any time, with or without a reason. A mediator cannot force you to settle and will not impose a solution on you, but will help participants try to find an agreed solution of their own. Mediation is confidential, with few exceptions. Some participants to a mediation are represented by an attorney, but hiring an attorney to represent you during mediation is not required.
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Who decides on the mediator?Your attorney and spouses attorney will choose the mediator. If they cannot agree, the Court will appoint a mediator. Most mediators require information so they are familiar with the issues; you attorney will complete this, but feel free to fax or e-mail me anything you wish the mediator to know.
Mediator Christophe Fiori is a Supreme Court certified circuit and family mediator. Some participants to a mediation are represented by an attorney, but hiring an attorney to represent you during mediation is not required.
If you are considering mediation to resolve your legal issue, congratulate yourself for taking a positive step towards making it possible to resolve your case amicably and without further legal fees. If you are participating in court ordered mediation, consider that during mediation you have more control over the outcome of your legal case than you do in court.
If you reach an agreement, and if you don't.
If you reach an agreement, the mediator (or your attorney) will help write out the parameters of the agreement you have reached. All parties will sign that Mediated Settlement Agreement that day. Then, one of the attorneys will be responsible for drafting the final version of that agreement for the parties to sign and file with the Court. A signed Mediated Settlement Agreement is IRREVOCABLE. The agreement is binding and cannot be changed after signing. So, please read the agreement carefully before signing because you cannot withdraw the agreement and no provisions can be renegotiated.
In the unfortunate event your case is not settled, you will need to be present at the trial setting. Please understand that I will do everything in my power to resolve your case as quickly as possible. If mediation is unsuccessful, please do not give up on trying to settle your case. I encourage you to keep thinking of ways to resolve your case, short of trial.
Call or Text (888) 384-2872 for a free consultation or to schedule your mediation