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Arbitration involves a neutral third party making a binding or non-binding decision, while mediation focuses on facilitating discussion and negotiation between parties without imposing a binding resolution.
Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered.
If agreement between the parties is reached, it shall be reduced to writing and signed by each party and the mediator. All mediation agreements are enforceable by a court of competent jurisdiction.
38-1821 et seq.: District Court Mediation Act. This statute authorizes courts to refer parties to mediation for any civil case, including any domestic relations case. The statute also sets basic guidelines for mediation proceedings, as well as mediator qualifications.
A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.
The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.
Once approved by the court, the agreements made in mediation will become binding and your divorce will be complete.
How Much does Divorce Mediation Cost? The average cost of divorce with children in Oklahoma is $18,700, often starting off with $3,000-5,000 retainers for each party. With Keiter Mediation, the fee for divorce mediation services is $3,000.00.