You don’t have to go to court to settle all of the issues in a divorce case. If your marriage is ending, mediation sessions are an alternative to litigation that could end up being a better way to resolve matters like asset division, alimony, or child custody. When you make an agreement during mediation, you have to be careful. These agreements can be legally binding, so you’ll want to consult a Peoria divorce lawyer before you make any final decisions.
When is an Agreement Made in Mediation Sessions Legally Binding?
When you and your spouse finally agree on some or all of the important matters, a memorandum of understanding can be drawn up and reviewed. Once you sign it, the agreements reached become legally binding, pending a judge’s review.
You are not automatically forced into agreement though. If you get through negotiations and decide that you do not like the terms of the deal that you and your spouse have reached, you can reject it. Consult with a lawyer and make sure that this agreement works for you before you sign it.
Are Mediation Sessions Mandatory?
Parties involved in “domestic relations” cases can be forced to try mediation sessions before settling their arguments in court. If you are trying to come to an agreement about issues like parental responsibilities, relocation, or visitation rights for someone who is not a parent, a judge could tell you to try mediation first.
What Factors Can Affect the Success of Mediation?
Mediation is not for everyone. Some factors that can affect whether or not your mediation sessions succeed include:
- Whether you and your spouse can put aside any animosity and negotiate
- The complexity of your marriage and divorce, i.e. the value of assets involved
- If there is any major power imbalance in the relationship
- Whether one spouse is trying to hide assets or other relevant information
- If there was a history of abuse
What Happens If an Agreement Cannot Be Reached?
When you and your spouse cannot reach any kind of agreement and you do not think that additional mediation sessions will help, then it may be time to explore other options. If you were ordered to try mediation, you would have to show the judge that you both tried to negotiate in good faith.
If mediation fails, going to court is an option. You may also want to see if arbitration could work for you and your spouse. This functions a lot like a court, but the process is generally faster and the decisions are legally binding. This means that you cannot file an appeal if you do not like the result.
Talk to Our Attorneys
When you are going through a divorce, you need someone on your side who will advocate for you and fight for your best interests. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation with our team and learn more about what we can do to assist you in this difficult time.
