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finz
Carpal \'Tunnel

Reged: 06/17/08
Posts: 6481

Do mediators suggest new ideas or just referee ?

#790114 - 08/16/12 11:56 PM

Hello All,

I'm considering the use of a mediator vs individual lawyers for each spouse.

Does a mediator more or less referee the couple's disagreements to come to a compromise ? Or can they also 'add' more to the lists of discussion points ?

For example, if a couple was trying to decide on cs amounts.....Does a mediator 'just' try to get them to agree on an amount ? Or would they SUGGEST using a state cs calculator ? If the couple didn't think of it on their own, would a mediator suggest a life insurance policy for BOTH parents to cover child expenses if either parent died ? Ditto for disability insurance.

Can/will a mediator suggest an amount for spousal support, if applicable ?

We are trying to keep costs down, but don't want to screw things up by missing things that we didn't know enough to addreess.

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Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Do mediators suggest new ideas or just referee ?

[Re: finz]
#790410 - 08/23/12 03:22 PM

"Does a mediator more or less referee the couple's disagreements to come to a compromise ? Or can they also 'add' more to the lists of discussion points ?"

Yes. The mediator is a qualified neutral who tries to broker agreements. That may mean plying Devil's advocate, indicating his/her idea of what a Judge might do, pointing out the cost of litigation and the risk of court and more. For child suport, the calculator is what a COurt will use - so if the parties disagree, it is really a non-issues since the calculator will be what happens. In other words, there is very little leverage with regard to child support. A good mediator may suggest things the parties have not considered, but it is certainly ot their primary role or responsibility.

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finz
Carpal \'Tunnel

Reged: 06/17/08
Posts: 6481

Re: Do mediators suggest new ideas or just referee ?

[Re: Maury]
#790422 - 08/23/12 10:02 PM

Thanks Maury

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