mediation vs trial

My spouse and I just completed mediation which determined that the spousal support duration should last for 7 years. My wife has wanted lifetime support for a 9 year marriage.

The mediation is not binding and she has the option of going to trial; how often will a trial judgement vary from a mediation determination?

The mediator is a reputable attorney that has worked closely over the years with all of the judges that would hear this case if it were to go to trial. He determined that there were no factors that would warrant a lifetime payment and especially for such a short marriage.

Just trying to see where I stand.

"The mediation is not binding and she has the option of going to trial; how often will a trial judgement vary from a mediation determination?"

She would have to have some REALLY compelling evidence to convince a judge to deviate from the mediation determination.  Not that it hasn't happened.  Personally I think she is playing Russian Roulette and risking coming away with far less than seven years and the mediator was quite generous and she should take it and run but it's her choice. 

If it were me and she went to trial I would play hard ball and go for far less than seven years recommended in mediation.  She certainly wouldn't get a lifetime award after nine years of marriage.  Then again I am a cynic (there is a less polite word that the moderators won't let me use) and don't think that you are entitled to a lifetime payout for nine years of marriage.  Just my thoughts.

I think she should take the mediation results too. The mediator determined that all the marital debt go to me and she get 7 years of support with no debt burden. He did say we should pay our own attorney fees though.

Problem is she fabricated medical claims to manipulate the case and she was caught through doctor depositions and medical records subpoenas; that was her big factor for lifetime support and also hid overseas assets from a bankruptcy. All this will come out in court I assume? And not look good for her?

I understand she was devistated after we left the mediators office and is still determined to fight for lifetime support.  Funny that her and her attorney were the ones that proposed the mediation.

"All this will come out in court I assume?

It would if she went to trial against me trying to get lifetime support. 

And not look good for her?"

Well the judge certainly isn't going to look favorably on it that's for sure.  The last thing the court EVER wants to see is deception.

But these things coming to light in front of a judge may reduce what the mediator recommended depending on how much offense the judge took for the deception?

You posted earlier that under normal circumstances she wasplaying "Russian Roulette" to go to trial; i'm assuming that with these other factors added she's really digging herself a hole?

So it may not be in their best interest to go to trial?

zjordanz:

So it may not be in their best interest to go to trial?

You're right.

And I agree with ClydesMom that she takes a big chance of getting considerably less than she got from mediation.

But here's what you have to understand.

Ex's can be lunatics who are quite willing to cut of their noses to spite your face. And quite often the attorney will encourage that behavior to keep the fees rolling in. Trying to understand it will just make you crazy.

I speak from experience.

"So it may not be in their best interest to go to trial?"

I would think not. Worst case scenario for her going to trial is the Judge gets ticked off at the deception and orders no support.  Middle of the road it's reduced.  Or Judge is ticked but goes with mediator's recommendation anyway and admonishes her not to waste the court's time.  There is NO way to predict what the Judge will do.

Didn't get her latte that morning, someone dinged the car, she's irate already and it goes more favorably for you.  Or wife got a bonus check and they will be able to take that vacation to Aruba without the kids, turns out the roof just needs a couple of shingles and doesn't need to be replaced, got the closest parking space today for the fifth day in a row, and he doesn't care about the deception and glosses over it and awards her 10 years support because he is feeling generous.  Now you are taken for three extra years more than what the mediator recommended. 

No one here has a crystal ball to forecast it.  Your attorney is the one who knows the judge who will hear the case and their temprament and style of rulings the best.

According to the laws of your state,  mediation recommendations are not usually known when mediation is rejected and a person opts to go to a judge.  It is a new hearing.  A judge is not going to like or dislike anyone for taking a case to a hearing.