Mediation is an alternative process to solve family disputes that does not require court involvement.
It involves using a neutral third party, the mediator, who will facilitate and assist the parties in coming with their resolution to mutually satisfy all parties. The role of a mediator includes facilitating communication between the parties, assisting in identifying the real issues of the dispute and the parties’ interests, and generating options for settlement. Most people have the ability to solve their own disputes but it’s important to hire a mediator to help facilitate the discussion.
Make sure to consult with an experienced Family Law attorney who can help you. Mediators will help you figure out the cost of living apart, will help you identify and value the marital property and divide it fairly, and negotiate all aspects of your divorce including parenting decisions and arrangements.
Divorce is a very difficult time in one’s life. With mediation, you can stop focusing on blaming for past wrongs and start to move forward with your life. Keep in mind, this neutral mediator does not judge the parties nor offer any legal advice. The focus of a mediator is to provide the structure for addressing issues and help solve them. All communications are confidential, subject to a few exceptions by law.
Divorce or family mediation does not require an attorney, but it is highly advisable both parties hire an independent lawyer if financially feasible. It is however required that each party have an attorney review any formal Separation Agreement or Property Settlement Agreement drafted by the mediator.
It is very common for parties to consult attorneys after mediation begins because it is at that time that each party begins to understand the demands of the other party. An attorney consultation is a very cost-effective step to take in your process of solving family disputes.