What is mediated resolution?
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A mediated resolution is a settlement of the disputed issues reached with the aid of a mediator and at times, with the advice of the couples’ attorneys, if any. Typically, the judge approves the resolution and enters it as an order of the court. The judge may, however, disapprove the resolution. If this happens, or if the parties do not reach a resolution, the case is heard by the court. |
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Help discover the Real Issues in your Dispute
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You design your own Solution
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Attorney Rousseau has practiced exclusively in New Hampshire and has devoted her practice to Family Law. Marianne was certified as a Marital Mediator in 2005 and is also a Collaborative Law Attorney.
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Can I say what I want?
Yes. Mediation is designed to enable parties to negotiate a settlement of their differences. What is said in the mediation session is not admissible as evidence in a trial, nor can the mediator be called on to testify in Court.
How does mediation differ from arbitration?
Mediation differs from arbitration in that the mediator does not make a decision but helps make recommendations for the couples' consideration. The mediator works with the couple to find a common ground to serve as a basis for the resolution of their differences.
How does mediation differ from counseling?
Counseling seeks to salvage the relationship between the parties. Mediation works toward a mutually acceptable resolution of the problems resulting from the break-down of the relationship. In domestic matters, this means that the thrust of mediation is not to preserve the marriage but to assume the inevitability of divorce. The goal is to try to resolve such matters as custody, parental rights, alimony, and property division in a mutually acceptable way.
How does mediation compare with a trial?
The special advantage of mediation is its flexibility and confidentiality. The mediator is not bound by rules of evidence or court rules. The mediator can meet with the parties individually or together, with or without any attorney present. It is not public like a courtroom.
The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. | 
