Does mediation force you into unwanted divorce compromises?

On Behalf of | Feb 20, 2022 | Family Law |

Mediation is a form of alternative dispute resolution. It helps people who don’t agree find a way to compromise and resolve an issue without going to court. Many people who have not been through mediation fail to understand the process and may even confuse aspects of it with other processes, like arbitration.

Arbitration has a bad reputation in part because it often involves a binding agreement established when someone first signs a contract. Basically, people have to go through arbitration for any dispute with a business due to their contract, and they must abide by the decision. Essentially, you have no control over what happens and are bound to the decisions.

Will mediation also leave you forced to agree to terms that are not beneficial for you if you try to mediate your divorce disputes?

Mediation is only successful if you reach an agreement

Divorce mediation is not a binding process in all but the rarest of cases. It is only by reaching a settlement agreement and including the terms in a written contract that mediation becomes enforceable in family court.

If the two of you don’t successfully reach an agreement, then any compromises made during mediation will come to nothing. Only if you sign a written agreement will your mediation session have an impact on your divorce outcome. You have nothing to lose by attempting mediation other than the cost, and you can possibly gain a faster, less contentious and more affordable divorce.

Exploring options like divorce mediation can help you limit the damage caused by the end of your marriage.