Divorce Law WIFI

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;

There are a lot of steps to follow in the divorce process. Below is a list of the 5 first steps that you can anticipatekeep in mind, the whole purpose of the divorce process is to get husband and wife together face to face enough times that they are able to negotiate a full settlement outside of court:

Step #1 – The first step in the divorce process is for you to make up your mind that you are ready to let go of the marriage and move forward with a divorce. Once you know you are ready, call a divorce lawyer. If you do not know a divorce lawyer, just ask a close friend or family member for a referral. Chances are, you know someone who knows of a reputable divorce lawyer. When you call the divorce lawyer, be prepared to provide him with a short summary about the facts of your case and be prepared to schedule an initial interview.

Step #2 – The initial interview will last 30 minutes to 1 hour. At it, you and the divorce lawyer will discuss the facts of your case in detail – you will also discuss the options, short-term strategy for getting the divorce process started, and long-term strategy for resolving each one of the issues either by settlement or by trial. You will be given a copy of an intake sheet (every divorce lawyer has one). The intake sheet will ask you questions about you, your spouse, your children, each item of marital property, and each account that is marital debt. You will take the intake sheet home, fill it out thoroughly and legibly, and then return it to the lawyers office.

Step #3 – Once the lawyer has received the completed intake sheet from you, he will begin drafting the initial paperwork. Once the initial paperwork is drafted, the lawyer will then file it at the county court house and ask the judge to schedule the initial court appearanceyour divorce will officially be underway at this point.

Step #4 – The initial court appearance is usually just an informal conference. At the conference, you and your spouse will either sit down together and watch a video about helping your children cope with the rigors of divorce or you will meet with the judge and hold an informal conference with the judge about the status of your case. Either way, at the initial court appearance, you and your lawyer will have ample opportunity to meet with your spouse and your spouses lawyer to discuss settlement.

Step #5 – If a tentative settlement cannot be reached at the initial court appearance, the matter will be set for hearing in front of the Judge at the hearing, the judge will resolve the unsettled issues for you.