I served papers for divorce from bed and board and custody to my husband, he got an attorney and my attorney contacted me back saying his attorney wanted to go to mediation. Is this a good thing or a bad thing for me and my attorney? Me and my husband rarely agree on anything and butt heads about lots of decisions, I just feel it will be a waist of time, and he is only doing mediation to get a feel for my attorney and to see what he can get out of me. What do I need to not share and will what be shared in mediation be shared in court trial if mediation doesn't go well?
Angela Louise HaasDivorce / Separation LawyerRaleigh, NC ·
Mediation is typically mandatory, with regard to custody actions, so its not a waste of time, if you have to do it anyway. It will be good for you and your attorney as well, to flesh out the true disputed issues of the case; and who knows, you might just get it settled when both of you are faced with the alternative of letting a stranger (judge) decide your fate for you. Go in with an open mind - it can't hurt. If you already have an attorney, I would ask your attorney these questions. He/she is already familiar with your case, and the law surrounding it, and would be able to give you better answers than attorneys on a general forum.
I find mediation to be very helpful and successful in majority of my cases. I have found that even the most high conflict cases can come to an agreement. If there are certain things you (or your attorney) do not want the mediator to disclose the other side, they will keep it confidential so long as they are aware that you don't want it shared. I would recommend you meet with your current attorney to go over the style of the mediator that the two of you agreed too and have him or her explain the process. For the most part the mediator will "ping pong" back and forth between rooms to try and help the two of you come to an agreement.
Martha Teresa RolettoMediation AttorneyCoeur D Alene, ID ·
Mediation is successful in resolving most family law issues. Sometimes not all issues can be resolved, but some can be resolved. In my jurisdiction, the Judges order it almost all the time because it works so well. Go to mediation and participate in it in good faith. Hopefully the mediator will ask good questions and help you two to resolve your issues.
