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: Sam Hasler's Indiana Divorce & Family Law Blog

Mediation - Should It Be Mandatory?

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I overheard a conversation today that there is a push to move all family law cases into some form of alternative dispute resolution. I can think of several reasons against this idea starting with cost and continuing through the idea that we pay judges to do this job.

Meanwhile, I learned of a new family law blog, Massachusetts Divorce Law Monitor, and one post stood out: Mediation

In my last post I mentioned the Family Service Office of the Probate Court. That is the department which is tasked with getting litigants to settle their cases. Most cases do settle, which is a good thing as the system would otherwise be totally overwhelmed. It is also a good thing for the parties, as an agreement in which you have had some say is generally better than one which is imposed on you.

Resolution of a divorce or other family law matter without extensive litigation in the court is possible. Mediation is a voluntary process that invites people to come to agreement through informed negotiation with the assistance of a neutral third party. Mediation gives the parties the opportunity to discuss the issues between them (be it division of property, custody of children, alimony, child support or any number of other family law matters), clear up misunderstandings, determine their underlying interests or concerns, find areas of agreement and, ultimately, to reduce their agreement to a written settlement document. Mediation is particularly useful in the divorce and family law arena, as it provides spouses with control at a time when their lives might otherwise feel out of control.

Right now, I am only aware of one county that requires mediation - Marion.

So, what does everyone think of making mediation mandatory?

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on April 26, 2009 (boomark / email).

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