Mediation FAQs
- Should I meet with an experienced divorce law attorney before deciding on mediation and/or arbitration?
- Should I meet with an experienced divorce law attorney before deciding on mediation and/or arbitration?Yes. You should meet with an experienced divorce law attorney who can explain your rights, [...]
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- How can I find an experienced mediator?
- How can I find an experienced mediator?Your lawyer can help you to select a mediator or, if in court, a judge can appoint one. Mediators can be lawyers, mental health professionals, clergy, and other [...]
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- What if my case isn’t resolved through mediation?
- What if my case isn’t resolved through mediation?If already in litigation, you and your attorney will continue negotiation as well as prepare for trial. If working on a mediated agreement, you [...]
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- How do I find an experienced arbitrator?
- How do I find an experienced arbitrator?You and/or your attorneys will select the arbitrator. Arbitrators can be lawyers, mental health professionals, clergy, and other trained professionals.
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- Is the arbitrated decision binding?
- Is the arbitrated decision binding?Unless agreed otherwise by the participants, the decision is binding and will become a court order. You can always request the order to be vacated, modified, or [...]
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- What is the goal of collaborative law?
- What is the goal of collaborative law?Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that [...]
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- How is mediation initiated?
- How is mediation initiated?Couples can agree to mediate their case at any point; however, in many states, mediation is required by the court after a lawsuit has been filed. For example, North [...]
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- What is the attorney’s role in mediation?
- What is the attorney’s role in mediation?Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal [...]
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- How is arbitration initiated?
- How is arbitration initiated?You and your spouse can agree to arbitration or it can be court ordered.
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- What is an attorney’s role in arbitration?
- What is an attorney’s role in arbitration?Your attorney can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal [...]
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- What is an attorney’s role in collaborative law?
- What is an attorney’s role in collaborative law?Both spouses hire attorneys who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement [...]
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- Can one spouse quit during the collaborative law process?
- Can one spouse quit during the collaborative law process?Nothing in the Collaborative Law Participation Agreement stops a party from terminating the collaborative law process to pursue litigation. [...]
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