My attorney advised me to present a motion for mediation. Is this a good idea? What are the benefits of mediation?
While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
Where I practice in Pennsylvania, there is no such thing as a Motion for Mediation; however, the Pennsylvania judicial system has built-in features that are, much like mediation, meant to promote settlement prior to a trial.
For example, in the divorce case, the parties are required to go before a Divorce Master. Oftentimes, the Divorce Master will, prior to holding a hearing, see if there is an ability to settle the case between the parties. In support cases, all parties are first required to have a support conference with a conference officer. More often than not, conference officers attempt to settle the child and spousal support claims by first performing the support calculation to see if the generated number is a support obligation the parties can agree to (sometimes they even perform more than one calculation for this purpose).
Pennsylvania has this process in place because there is often value found by the parties in coming together before a trial or hearing in order to see if an agreement can be reached first. Settlement can be an excellent opportunity regarding the children or an efficient and worthwhile option for the parties going through divorce, but if there is no hope for settlement, the downside of these stages is that it, at times, can delay or postpone resolution, and sometimes that’s not advantageous.
Due to the sensitive and extremely fact-specific nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how your state’s laws can specifically help you with this serious situation. This type of attorney should be helpful in providing you specific assistance for your matter.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in your state and how they particularly impact your potential case.