Do mediators make decisions during mediation?

To resolve issues for divorce cases, couples can opt to complete divorce mediation. Through mediation, they are encouraged to work together to reach decisions on marital issues. These marital issues can include child support, child custody arrangements, alimony, the division of assets and more. Although these decisions can be tough to make, the couple will have a mediator with them during sessions. This mediator does not make decisions for them. Instead, the mediator acts as a guide for the conversation. They ensure that the conversation is productive toward reaching a final outcome on the topic and that the couple is working together efficiently. During these sessions, spouses are also able to bring their attorneys with them. This may ease their mind as they face legal worries since they can have their highly knowledgeable legal team at their side.

Who makes decisions in litigation?

If couples are unable to complete mediation sessions to decide on issues, they may have to enter into litigation. If they already had a contested divorce to begin the process, this may lead to litigation as well. Spouses should make sure to acquire legal help during court since a judge will be the one making decisions on marital issues. Judges will take many factors into account, but in the end, spouses do not have as much power as they would in mediation. Spouses are not able to make decisions on marital issues. They may be asked about their input on certain matters by a judge. Otherwise, a judge will examine all possible factors relating to the issue and make a decision they deem to be fair and just. If children are involved in these decisions, the judge will always keep the best interests of the child in mind to ensure that they are the main priority for the case. Judges want to make sure that a child is happy, healthy and safe. For child custody arrangements and for child support, they will act for the good of the child who is unable to make these decisions. During these cases, spouses should try to remain calm and put their best self forward.

Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.