Can A Mediator Give Us Legal Advice?
The way that a mediator may inadvertently give legal advice is by telling you what is likely to happen if you take an issue to court. They may give a little snippet of what the law is or what is likely to happen. All mediators who are associated with the court are licensed attorneys and most experienced private mediators are attorneys as well.
What Happens At The End Of Our Mediation Session?
Once a mediation session takes place, you will often see a private mediator memorializing the session in notes and points of agreement and sharing them with the two parties. Each time they leave a session, they would leave with the points that may not have been agreed on and the points of agreement. Often, the mediators will send any involved attorneys an email with the points of agreement and whether or not the mediation was successful.
Is The Mediation Agreement Binding?
A mediation agreement is not binding. Although their mediation could be very successful, once the other party reviews an agreement with an attorney, it could change. It is not binding until the mediation agreement, which is formally called a memorandum of understanding, is drafted into a marital settlement agreement and that agreement is signed by both parties and the judge. In cases where it might be an issue of relocation, a court order would be drafted by one of the attorneys and that would be signed by the judge.
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