What is Mediation and How Can it Affect my Divorce
What is Mediation?
“Mediation” means a process in which the parties appear before an impartial third party who has no authority to adjudicate the dispute but who, through the application of standard mediation techniques generally accepted within the professional mediation community, assists the parties in identifying the issues, and then interests, exploring settlement alternatives, and fashioning the basis of an agreement.
What is Family or Divorce Mediation?
“Family mediation” means the mediation of disputes in actions for divorce, annulment, establishment of paternity, child custody or visitation, or child or spousal support.
Mediation programs can be very beneficial to people who are divorcing as well as to those who have long been divorced but who find themselves in a dispute in their post-divorce relationship. Not only can it save money but it promotes positive dispute resolution rather than adversarial procedures. That being so, it is well worth investigating by any couple facing divorce, a child custody fight, a visitation dispute or other interpersonal conflict.
Mediation is a process that may help you resolve your case so you can have an uncontested divorce. Mediation is particularly useful in situations involving children, since it is in the interests of the children that their parents “get along” even if they will no longer live together as husband and wife. In many states all cases that involve contested custody or visitation matters are referred to mandatory mediation, provided the parties are represented by an attorney and there is no allegation of domestic abuse.
When can Divorce Mediation be Used?
Mediation attempts to change disputes from “win-lose” to “win-win.” Mediation is a non-adversarial process of helping people come to agreement on issues like parenting arrangements, support of children and spouses and division of real and personal property. Mediation occurs when a neutral third-party, who has training in dispute resolution, assists you and your spouse and helps you resolve the issues that are causing conflict and to make cooperative, informed decisions.
Who does Divorce Mediation?
There are professional mediators who earn their living by providing divorcing couples mediation services on all issues. These professionals can be invaluable in helping couples resolve property and support issues but also will assist with custody and visitation disputes. Divorce attorneys and family counselors can often refer families to professional family law mediators. Psychologists, family counselors and social workers may also offer such services.
When should Mediation not be Used in Family Disputes?
Mediation should not be used when there has been evidence of domestic violence or abuse or there is a great difference in power between the parties. For the mediation process to work there must be some degree of trust between the parties.
Should I have an Attorney?
It is advisable to have an attorney in a private mediation, but it is not required. In a court-referred mediation, each party must be represented by an attorney. Parties will be advised by the mediator to seek advice from their attorneys and it is recommended that an attorney review the final settlement agreement. In any case, having an attorney by your side is not only advisable but can serve a huge benefit. A lawyer can help you avoid common “traps” when negotiating and can explain the costs and benefits of each maneuver.
How We Can Help
If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed family law attorney who has been practicing law since 1987. He is available whenever you need him to pursue your rights. Please learn about our firm at www.FerrisLawFirm.com.
Republished by the Law Office of Scott A. Ferris, P.A.
Source: www.divorcelawinfo.com