Mediation is a forum for parties to negotiate a settlement. The mediator does not decide anything. The mediator facilitates an agreement and helps the parties find solutions to parenting and asset division. If an agreement is not reached, the parties remain on track to go to court and litigate their issues at a final merits hearing.

Mediation is required for cases involving custody and visitation, and it is encouraged in all other matters. Each court has a list of approved custody mediators, and if the parties do not have an agreement about using an off-the-list mediator, the court will orderf the parties to mediate with one of the approved mediators. Generally, custody mediation takes place without the attorneys present, and when the mediation is successful, the mediator will draft and file a Parenting Plan or Agreement that sets out the terms of the agreement. A parenting plan is usually incorporated into the divorce order and is enforceable through an contempt.

Arbitration is another alternative to litigation that is like litigation in that the arbitrator is empowered to make final decisions after hearing testimony of the parties. The parties and their counsel are permitted to choose their arbitrator, usually a mutually respected family law attorney or retired judge. Arbitration in usually conducted in the arbitrator’s office and the rules of evidence are relaxed. The scheduling of the testimony of the parties and witnesses is arranged by the parties, their counsel and the arbitrator. Generally, the cost of arbitration is significantly less than the costs incurred during litigation.

For help with Mediation or Arbitration, please schedule a consultation with Attorney Gohary by calling (240)423-3138, emailing info@goharylaw.com, or use the button below to schedule with us now.