I was under the mistaken impression that once the two parties agree to mediation, they MUST abide by what the mediator ends up proposing as a settlement.
I imagined that to be the case also…or, at least, if there’s agreement to go to mediation, there’s an intention to compromise. Nope. Nothing about this business makes common sense (the lawyers make sure of that)
I reckon you need to go through about 3 divorces before you’re up to speed enough to not make any missteps with serious consequences.
Don’t even begin to wonder about custody and my 7 year old granddaughter who’s being robbed of a childhood.
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That’s the key difference between mediation and arbitration. Mediation is an effort to get the parties to agree to a mutually acceptable solution, but they’re under no obligation to do what the mediator suggests would be a fair outcome. Arbitration, when binding, does require the parties to follow the settlement that the arbitrator proposes (subject to exceptions and limits and whatnot).
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Only after the final agreement is signed.
I was only half joking when I said you need 3 divorces to get up to speed…or one divorce and 3 lawyers. The interesting thing about mediation, arbitration, summary judgement and stuff like that is that I’ve come to the conclusion that there’s nothing binding about any of it…so it’s largely a moot point in Real Life, no matter what Wikipedia etc might say.
Obviously, we haven’t reached final orders yet but, given experiences so far, I reckon even that is going to be less binding than one might think. So far, this Toss Pot of the First Order and Git of This Parish hasn’t complied with any court ordered requirements (protection order) or stipulations from temporary orders hearings…and his pettyfogging legal team has aided and abetted him in his non compliance.
Daughter and I were nattering yesterday afternoon about how come we got here…she being so sensible and me/us (parents) being so intuitively protective. We made too many allowances along the way…and we’re still having to do it for the legal system. A worthwhile heads-up for any parents of, as yet, unmarried young adults…the Law will always be for the lawyers. They’re the ones instrumental in making the laws.
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