Mediation is a way for divorcing couples to resolve their disagreements without litigating their disputes in family court. Like arbitration, which is another form of alternative dispute resolution, mediation involves working with the neutral third-party professional to negotiate any outstanding disagreements regarding the terms of a divorce.
Spouses can discuss custody issues and financial disagreements in a confidential setting. They must typically compromise to reach a settlement that both sides agree is reasonable. People considering mediation to settle divorce matters may worry about an unfavorable outcome, especially if they struggle to assert themselves. Are spouses bound to uphold the terms negotiated during mediation sessions?
Final mediation agreements are binding
The divorce mediation process is collaborative. Spouses work together with the guidance of a mediator to discuss their various disputes. They find ways to compromise so that they can preserve their privacy and retain control over the terms set for the divorce.
Spouses may need to attend multiple mediation sessions before they agree on terms. Until they have a written agreement that they have both signed, the spouses are not bound to uphold any terms set in mediation.
Either spouse can walk away if the process becomes too contentious or if the other spouse refuses to approach cogitations in good faith and make reasonable concessions. Once spouses have signed an agreement, however, they have a responsibility to uphold the terms that they set with one another.
Understanding how divorce mediation works can make it easier for spouses to make informed decisions. Committing to mediation can be beneficial in many cases, but spouses can always end the process and pursue litigation if mediation is unproductive.