Friday, August 05, 2005

Is mediation really a solution?

You cannot go to trial in a divorce action until both sides have attempted to mediate. That means each side sits in a room with their attorney and a neutral third person, the mediator, tries to get everyone to compromise and settle.

But the ugly truth is most attorneys put extreme pressure on their clients to settle. The attorney is between a rock and a hard place. The client should never be pressured to settle. It should be their own decision, to settle or not settle. But the reality is that a decision to not settle could mean thousands of dollars more in attorney fees. Sometimes the fees chew up all the assets the couple is fighting over.

Mediation is not the relaxed, wonderful process it is cut out to be.