Couples will learn how to communicate better in order to be able resolve their future disputes through mediation. When a couple has to co-parent or continue to solve issues, this can be beneficial. The mediation process allows couples to reduce the risk of trial. The mediation process protects the couples’ confidentiality, and reduces conflict. Children can be protected from conflict by mediation.
Couples who are divorcing often feel more content with the outcome because the parties create their agreements themselves. A settlement that the parties have reached is more likely to be followed than one imposed after trial by a judge. Courts may send divorce cases for mediation. Both parties can agree in writing to mediate. When the court refers an issue to mediation, the parties are informed. Parties can divorce mediation usually object to mediation when there’s a good reason for it, such as domestic abuse.
Together, the divorcing pair develops a parenting strategy. Child custody, parenting and child support will be decided by the couple. If spousal or alimony is required, they will determine the appropriate amount. Both parties will discuss property division in divorce. The property division process includes the real estate, pension accounts and financial accounts. All divorce issues will be addressed by the mediator in collaboration with both parties.
You will need to hire a divorce mediator as soon as you make the decision to do so. In many counties, mediation centers are located in the community or at court. When a court orders mediation, it may either appoint one or let the parties choose one. Mediators can be lawyers or non-lawyers.
Mediators charge different fees and they vary depending on the case. Hourly fees, daily or half day charges are possible. Mediators are not able to determine whether someone is in the right or incorrect. The mediators do not take any decision or give recommendations. In fact, they assist the parties in finding a mutually beneficial solution. Mediators with experience in mediation and a thorough understanding of the family laws are best for parties. Also, it’s important to take into account the mediator’s philosophy and style.
Many state courts keep a listing of mediators who are qualified in family law. Your family law lawyer may recommend mediators. For a nearby mediator, you can search the Academy of Professional Family Mediators. You should remember that the mediator can’t give legal advice and won’t tell you how to proceed. You may want to talk to an attorney about your divorce and family law issues if you are unsure of what to expect.
There is rarely a formal discovery in mediation preparation. Gather any pertinent documents such as financial statements. You mediator will tell you what is needed by both parties.
In the beginning, the mediator and all parties meet together in one room. A “agreement” to mediate is the document that lays out all of the rules. The court’s order is often referred to or contains the rules of mediation when it mandates court-mandated mediators. The requirement of confidentiality is among the most important rules for mediation.
The confidentiality of all information disclosed during mediation is maintained. Parties cannot reveal them unless both parties consent. State laws may also mandate that the mediator remain confidential.