A Divorce Mediator Wants to Remove Tension From the Process
A divorce mediator is someone that can remove a lot of the stress and uncertainty out of one of the most emotionally taxing events in your life. The process of mediation is meant to resolve the issues of terminating a marriage in a less contentious environment than a courtroom provides, by exploring options for resolution that serve the family’s needs. At the Family Law Practice at the Levy Craig law firm, we understand that by its very nature, divorce is something that most people are inexperienced with, which is why we want to assist you by providing some information here.
One of the main goals of working with a divorce mediator is to avoid having to take the process through litigation. Nearly 90 percent of mediated divorce cases have been settled successfully without having to go to trial. Here we’ll go over some important questions about mediation?
What is the process?
A trained family mediator will help you and your spouse reach agreements on all of the unresolved issues. In some cases, you will speak directly with each other throughout the process, exchanging necessary documents. In other cases, the mediator will use a “caucus method” and meet with each party individually, to assist the parties in reaching agreements. The goal of the mediator is to help meet the specific interests of you and your spouse by finding solutions that meet these interests.
How long does mediation last?
Mediation starts as soon as both parties are ready to start, and it can last until all the issues are resolved. There is no need to wait for a court-assigned date as would be the case if the divorce went to trial and you can meet with the mediator as frequently or infrequently as your schedule allows.
Will I need my own attorney?
Each spouse should consult with individual attorneys before and during the mediation process so that they fully understand their rights and obligations. It’s a good idea to be able to run the different settlement options proposed in mediation by an attorney and also allow this attorney to review the settlement agreement before it is signed. The parties may have their respective attorneys attend mediation with them but it is not required.
Could anything said in mediation be used in court?
Mediation is a confidential process as defined in the mediation agreement. Neither party may testify in court what the parties discussed in mediation. This confidentiality is a key component to mediation so that the parties feel comfortable having meaningful discussions regarding options for resolution.
What if an agreement cannot be reached in mediation?
The option of asking a court to resolve these issues is always available, but a collaborative divorce process is also available before you go to litigation. In a collaborative divorce, you will have an attorney with you during the negotiations who can advocate for your rights and interests.
If you need a divorce mediator or other family law services in the Kansas City metro area, Nathalie Elliott is here to help. Nathalie is an experienced mediator and offers a child centered, family focused process intended to reduce the stress and tension of the divorce process as much as possible. You can call us at (816) 454-7474 to start the process or click here for other contact methods.
