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Delaware County Divorce Lawyer Articles

DIVORCE - MEDIATION

Mediation is an option for settling family law disputes in a divorce such as equitable distribution, child support or custody. The mediator facilitates the discussion and resolution of all issues of the divorce. Instead of taking the part of one side, the mediator serves as a neutral party that addresses issues and guides a couple in making decisions. In this informal and flexible setting, couples make the decisions that affect their futures and their children's futures themselves, instead of having a judge impart the decision. The mediator does not have the power to establish terms of the settlement or force either party into agreement. Once agreement is reached, the mediator can draw up the agreement that both parties sign and become bound to.

Mediation is far less contentious than litigated divorce. If litigation is necessary, both parties must find their own representation and the mediator withdraws. Mediation provides a cost-effective legal process, speedy resolution and a team approach allowing both parties to reach satisfying resolution.

Arbitration allows both parties to reach decisions about individual topics in divorce such as child custody and division of property. This allows each party to avoid months of waiting for court hearings and appeals, saving time and money. In binding arbitration, the arbitrator acts as judge, rather than as a mediator in mediation. Both parties wave their right for judicial review and work with the arbitrator who hears the case like a judge and renders a decision. The arbitrator can make decisions and enter the final order.

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