You may have heard about mediation in family law cases to reach an agreement that is satisfactory to all parties. You want to choose the best way to end this emotionally exhausting process.
Understanding Mediation in Family Law
Some people may be unsure about the benefits of mediation and wonder if it is the best way to go through the divorce process. It is interesting to know that many family law cases do not end in litigation. Many cases are settled because spouses reach an agreement, either by themselves or with the help of third parties.
What are the main benefits of mediation?
Mediation is a good alternative to litigation.
Less Expensive
A mediator who is unbiased can help you and/or your spouse find a solution that will benefit your finances. Mediation will save you money that you can use to move forward in your new life.
Control over the outcome
The outcome of a lawsuit is more likely to be out of control for those involved. After they have been unable to settle the issue on their own, a judge will decide for them. If the judge decides that certain topics in the future will be dealt with, and the decisions are not what you want, it will be difficult to appeal them. You will also have to hire an attorney to assist you.
The public is welcome to attend trials
It is possible that you do not want anyone in your courtroom to listen to intimate details about your life. If you think that there’s a chance that the media might be interested in the case, they will watch, listen, and publish things about you you don’t want to the public know.
There are raw emotions involved in
If you allow your divorce negotiations to end in a trial, your most intimate fears and feelings will be exposed to anyone who attends the proceedings. You lose control over your privacy, and who can hear what you’re going through.
There May Be Embarrassing Disclosures
Not all divorces are simple and straightforward. Some divorce cases involve disclosures that are embarrassing, such as domestic abuse, addiction or infidelity. Be aware that you may have to openly discuss your finances in court and that information from your bank statements or tax returns can be made public.
How Does Mediation Work?
Understanding that mediation isn’t mandatory is crucial. Couples seeking a divorce have the option to choose mediation. It has many benefits such as those mentioned above. After you and your soon to be ex-spouse have decided on mediation, the mediator will meet both of you. Both parties will be present if one party or both hires an attorney.
Find a mediator who has extensive experience in family law mediation and has an excellent understanding of the law. The sessions with the family law mediator are confidential and the disclosures made cannot be used in court if mediation fails.
The parties are given the opportunity to explain their side of the situation and what they propose, as well as defend why they believe their proposal is fair. The mediator will listen to both sides and make new proposals, hoping to gain their approval or reaction.
The mediator will help both sides resolve issues by becoming familiar with each case and the demands of each party. In some instances, the mediator will offer solutions. They may also leave it up to the parties or their lawyers, if any, to decide the specifics.
While settling a dispute through mediation is not always possible, it can be a good way for both sides to express their views and help them understand their strengths and weaknesses.
You can ask your lawyer to review any document before you sign it. They will then give you an opinion. You should make sure that the contract is completely clear, and that all points have been understood.
What is the main objective of mediation?
The goal of mediation is to assist the parties in achieving their goals. This is done in less time and at a lower cost than hiring a lawyer. You can receive help from a divorce mediator with issues such as child support, alimony and visitation. Mediation can help you if you are getting married for the first time by helping you create a prenuptial contract. Mediation is a good tool to use for other family law issues, such as adoption, surrogate parenthood, adult guardianship or financial family law disputes.
Mediation is a great way to protect your privacy and avoid expensive litigation. Schedule an initial consultation to resolve any concerns you may have about whether mediation is the best way to handle your divorce or family law dispute.