After deciding to divorce, most people want to move quickly and civilly through the process. One of the options that allows for time saving and money saving resolution of the issues arise from the decision to terminate a marriage is mediation.
Mediation is the process through which the parties negotiate resolutions to all marital issues, including, custody, child support, spousal support, and dividing the marital assets and debts. Each party attends with their attorney and a mediator facilitates the entire process communicating offers, counteroffers and raising valid points for each side to consider. The goal is to reach a mutually acceptable agreement and to write an agreement outlining the terms of the settlement.
Once the settlement is reached the parties can simply wait for the appropriate time to file the formal document that will sever the marriage bond. Each can then face that action with the peace of mind of having all other marital issues fully resolved.
How can a lawyer help me during mediation?
Mediation can be a confusing at times as the offers and counteroffers mount. An experienced attorney will help you prepare before the mediation occurs. Documents will need to be gathered and analyzed. A clear understanding of the issues and concerns will need to be fleshed out. While mediation is less stressful that litigation, it is not easy.
Your attorney can help with communicating concerns, highlighting and framing issues and keeping the negotiation focused on resolution. Perhaps most important, your attorney can help you make informed decisions.
What role does the mediator play?
A mediator is not a judge, nor does the mediator make any final decisions about your case. In fact, the mediator does not make decisions at all. The mediator’s goal is to guide the parties so they may come to an agreement themselves. He or she is trained in dispute and conflict resolution and can help you and your spouse deal with various issues, ideally to facilitate an agreement.
Should I talk to a lawyer about mediation?
If you are contemplating a separation and know that a protracted legal process is not the route you want to take, then you should definitely speak with a lawyer about mediation.
A divorce attorney at Williams Law Group in Cary, N.C., can help. Even if mediation fails and you are forced to litigate we will be with you every step of the way. Call us at 919-267-2165 or contact us online to set up your free consultation.