Is It Legal??

Tricia MorrisEducationalLeave a Comment

Many people do not consider Mediation seriously because they do not think that the outcome will be legal, this is a misconception. Mediation is voluntary and people are free to terminate the process if they choose to do so.
People that decide to mediate, complete the process more than 90% of the time. The Parties’ willingness to resolve conflict with each other and complete the mediation process results in a final agreement that is considered a binding legal contract and is recognized by the Courts.

Why is this important? Divorce and other conflict related cases are legal processes and determined by the courts. Mediation is powerful because it allows people to step outside of the conflict for a time, to resolve it creatively, and then step back into the legal system to formalize things as a legal binding agreement. Because of that, Mediation can provide the peace and security which allows people to know that a future violation by the other Party would have legal repercussions.

Business agreements, parenting plans, divorces, workplace disputes and real estate disputes all have complexity, emotional aspects, financial intricacies, and a legal framework. Most conflicts affect our future and their resolution allow us to plan for that future. Without definite solutions that are binding, there is no peace of mind.

Mediation Agreements are written with the directive that if there are any further disputes or violations the parties will go back to Mediation. If Mediation fails at that point, and the parties have to go to court, the losing party is responsible for payment of the other party’s attorney fees in addition to their own. This is a strong deterrent for both parties to maintain the sanctity of the Mediated Agreement.

There is an additional factor which I consider to be most important. When the parties have input into the process and have the ability to fully communicate with both the mediator and the other party, they are much more likely to draft an agreement and also to adhere to it.

No matter how acrimonious the parties’ relationship might have been previous, Mediation seems to provide a path for creating stability, and helps people to understand each other. Parties work toward the common goal of solving problems together. This is a powerful way to resolve challenging situations, find common ground and build a future with peace and harmony.

I can provide information about out of court Conflict Resolution in Divorce, Custody/ Parenting Time, Families, Marriages, Workplace Disputes, Businesses, Trusts and Estates, Real Estate, Homeowners Associations, as well as problem solving between individuals. As a Certified Divorce Financial Analyst®, I am qualified to help you sort through the myriad financial issues that you may be encountering.

I am here to assist you. Tricia Morris – 808.283.7811 – Tricia@TriciaMorris.com

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