Mediation – Get it in Writing

Mediation is a good tool to reduce the costs of a divorce. Steve Hair is a proponent of http://www.dreamstime.com/-image18600320Divorce Mediation “Pro Se” “No Lawyer Divorce”

An increasing number of couples today are choosing an uncontested approach to divorce. Even more increasing are the numbers of pro se contested divorce cases filed each year. The reasons for this are many, including the acrimony sometimes inherent in the divorce court battle, the potentially adverse effect the divorce process has on children, and probably the greatest reason is the financial cost of hiring two attorneys or the costs of a prolonged divorce litigation.

It is particularly noticed in light of the economic challenges we have seen these past years, that couples facing divorce are seeking less-expensive options to help them dissolve the marriage. Clearly, as the number of pro se filings increase each year, there is a demonstrated need for affordable and perhaps less stressful divorce services, and therefore a growing market of unrepresented spouses for the family lawyer to serve. Some family lawyers, like Stephen Hair, find that offering to these potential clients the option for a pre-suit, pro se mediated divorce, where the two spouses can hire one attorney serving as their mediator, is beneficial for their clients.

With mediation, the agreement is not binding unless it is written and signed by the parties. This issue here is one that attorneys and litigants face in mediation all to often – was an agreement reached just because there seemed to have been a meeting of the minds?  The simple answer is no.  Although we do not suggest, nor would we propose, rushing into signing an agreement, if a party in mediation wishes to make sure that the agreement reached in the session is binding, then the terms must be in writing and signed by both parties, as well as counsel if present.  This does not have to be formal – a piece of paper with handwritten terms will suffice – but there is no question that written terms and signatures are required.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

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