In mediation, everything is admissible. Whatever the parties feel is important to them or the issues that they want to resolve can be put on the table and discussed during the session.
In litigation, when you go to court, there are things that are not admissible. What may be important and relevant to a party, a judge can say is not relevant no matter what it is. Whether it’s finances or what one spouse did to the other, the litigation process restricts what can and cannot be admitted.
In this excellent blog posting Jeffrey Bloom describes some issues the court might not think are important, but are important to the parties. In mediation the parties have a say in what goes into the final agreement and settlement. In litigation, the parties lose control, and it is up to the judge to tell them what to do.
If you or someone you know could benefit from assistance in decision making during a divorce, contact Falmouth Mediation at 508-566-4159 for a free, no-obligation, private, confidential consultation. We will be happy to discuss the key details of your situation, address any concerns, and help you decide if divorce mediation would be beneficial.
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