Is Mediation Legally Binding in Pennsylvania?
If you and your spouse are considering mediation, there are essential aspects you should be aware of before making a final decision. In Pennsylvania, mediation is a form of alternative dispute resolution that allows couples to meet with a neutral third party to reach a mutual agreement. The details of your divorce will be kept out of the courtroom, allowing families to maintain privacy during a difficult time.
The divorce process is not “one size fits all” but involves various factors that must be considered in deciding what path is right for you and your divorcing spouse. Whether you have begun the divorce process or are merely considering divorce, the mediation lawyers at Purdy Law Office are here to guide you.
Benefits of Mediation
Mediation is a form of alternative dispute resolution (ADR) that entails spouses meeting with a neutral party (mediator) to facilitate discussion. The process allows both spouses to come to an agreement, with the mediator helping to eliminate obstacles that would prevent resolution. Coming to a resolution usually requires both sides to compromise to some degree, but not under the pressure of litigation.
Mediation comes with several benefits:
- It allows couples to come to a faster resolution than litigation.
- Decisions regarding divorce and connected issues are made by the couple, not by a judge who does not understand the uniqueness of your family and family members’ dynamics.
- It is a confidential process, so spouses feel freer to discuss their concerns.
- The process is more relaxed than going to court.
- It is a flexible process, allowing couples to take their time in deciding important matters.
- The process is non-binding, so that you can terminate mediation anytime.
- Spouses have more control over the process, not being bound by legal precedent.
As stipulated by 42 Pa.C.S. §5949, mediation remains confidential even if the case must proceed to trial or arbitration is pursued. Information that is not subject to disclosure under the law is referred to as privileged information.
Is Mediation Enforceable in Court?
Successful mediation will result in a written agreement that enforces the resolutions reached by both parties during mediation. To take effect, both parties must sign the agreement. Although the mediation process is completely voluntary, and neither party is legally obligated to participate, a mediation agreement is binding. If your spouse violates one of the terms of your mediation agreement, you are well within your rights to take legal recourse.
Speak with Trusted Mediation Attorneys in Harrisburg Today
Deciding to split up your family can be heartbreaking. If you or your spouse are on the same page on one or more divorce-related issues, then mediation may be the right choice for you.
The Harrisburg mediation lawyers at Purdy Law Office have the necessary experience and qualifications to help you and your spouse handle the complex nature of a divorce. We also understand the emotional element that comes into play, allowing us to approach each situation carefully. To learn more or schedule your consultation, contact us online or by phone today.