Mediation is not the soft option.
- Issue
- Is mediation just divorce for people who get along?
- Rule
- A mediator is neutral. She helps you both reach terms, but she can't advocate for either of you.
- Translation
- You keep control of the outcome. You also keep the homework.
Read the entry
Mediation works when both people can sit at a table and negotiate, even if they can barely stand each other. It is private, usually faster, and the terms are yours instead of a judge's.
Because the mediator represents neither side, many people keep their own consulting attorney to review the deal before signing. That isn't distrust. It's due diligence.
Mediation is a poor fit when there is a safety concern or a serious imbalance of power. In those cases, say so early.
