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Jan 03

Is Your Mediation Agreement Legally Binding?

Are You Legally Required to Abide by Mediation Decisions?

More and more divorcing couples are choosing to get mediation instead of arguing in court. If you have tried or are considering trying mediation, it’s helpful to know just how legally binding the process is. Here is what you need to know about whether or not divorce mediation is legally binding.

Are You Legally Required to Get Mediation?

In most cases, mediation is entirely optional. People usually decide to get it when they want to divorce and keep things as amicable as possible. However, usually, you have the right to forego mediation if you don’t think it will work for your situation.

There are a few exceptions to this rule though. The court can order a couple to enter mediation if they think that would benefit the family. This is a special type of mediation called court-ordered mediation. If you have court-ordered mediation, you are legally bound to show up for your mediation sessions. You don’t necessarily have to be talkative during the session, but if you skip it, you could be found in contempt of the court.

Another reason you might be legally bound to go through the mediation process is if you signed a prenup saying you would. Many prenuptial agreements include a clause that says you have to go into mediation if you want to end the marriage. Skipping mediation at this point could result in civil lawsuits or other penalties.

Do You Have to Follow the Mediator’s Recommendations?

During your mediation session, the mediator will hear both sides of the story. You and your ex can get a mediation lawyer to present your case and explain the solution you want. After hearing all the facts, your mediator might make suggestions for how you should proceed.

Keep in mind that the mediator is not a judge. What they say is not a final ruling that you are legally bound to follow. Instead, the mediator is just there to guide the discussion in a proactive manner. Whether or not you choose to follow any suggestions from the mediator is up to you.

Which Mediation Documents Are Actually Legally Binding?

The process of just talking with a mediator is not legally binding. However, usually, the whole point of mediation is for you and your ex to create a legal document that you both agree on. Depending on your circumstances, your mediation attorney might prepare documents like child custody arrangements, asset transfer agreements, or child support schedules.

Unless your mediation is court-ordered, you have the option of walking away without signing any documents. It’s very important to only sign legal agreements in mediation if you agree with them. Once you sign them, they are just as legally binding as any child custody or asset division settlement your divorce lawyer helps you get in court.

What Should You Do If You’re Not Happy With Your Mediation Outcome?

You cannot just shrug and quit paying your child custody because you sorted it out in mediation instead of in court. However, that doesn’t mean you are stuck with your mediation agreement forever. Just like any other legal agreement, you might have options to contest or appeal the decision.

In some cases, you can argue that the mediation contract is not valid due to irregularities such as being signed under duress. Mediation usually isn’t recommended for couples dealing with domestic violence, because one can intimidate the other into signing something unfair. Another option for changing your agreement is petitioning the court for an adjustment. Since some agreements, like child support, are ongoing, you can alter them when circumstances drastically change. This means that things like getting a new job or moving may let you make some changes to your mediation agreement.

If you’re considering mediation, the Law Office of Joanne Kleiner is here to help. We are happy to offer mediation and explain how it works. And if you’re unsatisfied with a previously mediated agreement, our divorce lawyer team can help you explore your options further. Call our Jenkintown office at 215-886-1266 or fill out our online contact form to learn more.

Sep 13

What to Do When Mediation Doesn’t Work

What Happens When Mediation Fails?

Research indicates that people are more likely to have a satisfactory outcome with their divorce when they use mediation instead of the courts, but this does not mean that mediation is the best choice for every couple. Knowing what to expect if your mediation fails can help you feel a lot more comfortable with the entire process.

How to Decide If Mediation Has Failed

When mediation does not go as smoothly as possible, your first instinct might be to decide it has failed and move on. However, it is important to take a breath and remember that it is still possible to use mediation even if you have had a disagreement or two. You may want to think twice about stopping mediation unless you notice one of these problems:

  • One person is constantly belittling or harassing the other.
  • Your mediation sessions go nowhere because you are sidetracked by arguments.
  • One party refuses to budge or compromise on any issues.
  • During sessions, one person never speaks or mentions their desires.
  • Belligerent tactics, like denying access to children or threatening to cut off funds, are being used.
  • One person repeatedly lies or fails to disclose important information.
  • Proceedings are being dragged out because one party does not want to divorce.

Considering Another Round of Mediation

Noticing problems in your current mediation session does not necessarily mean that you need to give up on mediation altogether. Sometimes, it is still possible to fix your mediation. You may want to consider starting fresh with another divorce mediation lawyer. Sometimes, no matter how talented an attorney is, his or her personality just might not be right for your situation. It can also be helpful to take a short break and get a more objective outlook on mediation. This can be a good solution when you and your ex really want the benefits of mediation but are just struggling to compromise and work with each other occasionally.

Trying the Collaborative Divorce Method

Mediation not working out does not necessarily mean you need to go straight to divorce court. Another useful option can be a collaborative divorce. Collaborative law shares some similarities with mediation since both procedures involve the two parties working together to find a mutually beneficial arrangement. However, instead of working with just one mediator, each party comes to the table with their own lawyer. This can be useful because you have someone to represent your interests and take your side in discussions. The collaborative divorce method also gets more input from other unbiased parties. You meet with professionals like child therapists and financial experts to discuss your situation and get more advice.

Moving on to a Divorce Trial

When there are things you simply cannot agree on, it might be time to take things to the courts. A judge can help find the best solution for any children and assist in dividing up assets in a fair and equitable way. Even when you do not agree on every part of the divorce, you can still file a no-fault divorce in Pennsylvania. This lets you have a shorter divorce time while still getting the court’s input on deciding important aspects of your divorce. Keep in mind that all your time in mediation was not wasted just because you are involving the court. It was still a valuable way of gathering information and learning more about you and your ex’s priorities and goals.

Find the Right Option for You With Joanne Kleiner

Whether or not mediation turns out to suit your situation, the Law Office of Joanne Kleiner is here to help. With over 25 years of experience, we have the knowledge and the dedication to try and get you the best possible outcome for your divorce. In addition to being a talented divorce mediation lawyer, Joanne Kleiner also assists with a variety of other family law cases. Call our office in Jenkintown at (215) 886-1266 or fill out our contact form to schedule a confidential consultation today.

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Law Office of Joanne Kleiner | 261 Old York Rd., Ste. 402 | Jenkintown, PA 19046
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