Very helpful video thanks! Does one party get attorneys fees in mediation ever? Or is that discussed as part of the agreement? Is there ever a "losing" party where one party doesn't get anything?
Thank you for this explanation on mediation, yes, we did that 12 years ago - after a five year costly divorce - now there is ongoing breach of contract by one party regarding joint marital property. I understand that a marital Agreement has no statute of limitations, so what approach does one take when a party who has no regard for the law, but relishes stonewalling, the silent treatment, degrading, future faking, etc. to the detriment of both parties, although he believes he is interpreting our Agreement accurately. Mr Bordone, Do you have a tutorial on the best approach/procedure for breach of a marital contract?
He is either going to recommend that you go back to mediation to work out a new agreement or to get clarification on implementation of the prior agreement OR he's going to say call a lawyer to get the court to order you ex to follow the marital agreement.
Mediation can be binding or non binding depending on the parties agreement in advance. There are no right or wrong parties in mediation unlike in court or arbitration. Mediation is a way for the parites to create their own creative agreements. In arbritration and litigation the outcome is decided by either a judge or jury or panel in Mediation the parties remain in control of the outcome and can actually help them to decide on wasting a great deal of time and money in what could be a loosing litigation. The last issue are "feelings" which are inadmissible in court but can be very important to reaching agreements between parties when a neutral mediator works with each party to allow them a safe place to disagree without fear of being judged. Hope this helps explain why someone might consider Mediation over other avenues to solve a dispute.