Family Law Lawyer
When domestic partners or spouses prepare to file for separation or divorce, they may not agree on topics such as custody of children, property division, or alimony. There is another strategy you can use instead of appearing in front of a judge in order to resolve disagreements. Consider the perspective that a family court judge does not understand the inner workings of your relationship, as an individual and as a family. Even if the relationship did not work out, you both still know yourself and your spouse better than any judge. So if you’re able to come to an agreement through mediation regarding your divorce settlements, it can make the entire process smoother for everyone involved.
You may be wondering how mediation works. As a family law lawyer explains, during mediation an impartial person helps facilitate an agreement that both parties can accept. The mediator assists by being a neutral party that people can talk through their issues with in a manner that can make it easier to reach a middle ground. Keep in mind that mediators do not make the decision for you, so you are not going into the meeting to battle it out and see who wins. Mediation only works if both parties are willing to negotiate so they can avoid having a judge make the final decision for them. The people do not have to be on the exact same page about everything, but it can be beneficial if both are committed to keeping their private lives out of court.
Mediation consists of several steps, including an opening statement, joint discussion, private discussion, negotiation, and a settlement. If an agreement cannot be reached, then both sides can choose whether to try again or move on to trial. If a settlement is found, then everything will need to be put into writing and then signed. Mediation is a great opportunity for parting couples to amicably find solutions to their concerns white in the presence of a professional that remains unbiased in the outcome. Be open minded to using mediation before court, as it can save you time, money, and energy. If mediation doesn’t work, then at least you know you tried and that you can start preparing for your hearing in front of a judge.
If you need to find a mediator in your local area, you can search the internet, check your telephone directory, reach out to a community organization, contact your local bar association, or ask the court if they have a panel for mediation. However, if you are parting ways from your partner because of domestic violence, then mediation is probably not for you. It is more important that you are protected and that there is no opportunity for abuse in the form of a physical altercation to occur. There are other means to settling divorce or separation disputes that do not entail seeing your ex in person. Your legal team, such as Robinson & Hadeed, can help you safely navigate a divorce if you’re concerned about domestic violence happening to you.
