Common Questions: Considering Mediation for Divorce
Managing the divorce process will require both parties to reach several agreements with each other. Many of these agreements are often close to the heart, with emotional ties that can quickly turn even the most agreeable of divorces into a highly disputed process. When agreements are unable to be reached among parties, resolving may require a lengthy and often costly divorce trial. As a result, the opportunity to make decisions will be left to a judge. Engaging in mediation may help those involved to negotiate agreements in a less adversarial and more cost-effective way. Typically this process can offer several benefits, and it’s only natural that those considering mediation will have many questions regarding mediation and what it entails.
What is divorce mediation?
Divorce mediators are professionals who have training that is specified in divorce and family law. They provide a neutral and non-adversarial space to work with parties involved in the divorce process to help them reach agreements that they are satisfied with. When two people have filed for divorce, at some point, they may consider going through mediation as a way to develop agreements around the critical components surrounding a divorce. This can include reaching agreements around child custody, division of assets and property, child support, and alimony. Typically mediation is a voluntary process that both parties must agree to. At times, if neither party is willing to participate in this process, it may be more appropriate to endure the court process. However, if parties have lawyers, they are likely to attend mediation to help represent their clients’ best interests.
Does a lawyer attend mediation?
This depends. You may choose a lawyer’s representation during mediation in some situations, but their attendance is not required. However, sometimes, their guidance is necessary as they may provide critical support to their clients. A lawyer can help clients understand the process while also assisting with making sure that their rights are protected. Once mediation is complete and agreements have been made, either the divorce mediator or lawyers can draft the divorce agreement.
Is mediation a requirement to receive a divorce?
In some cases, mediation may be court-ordered. This usually occurs in situations where parties are having difficulty forming agreements around child custody arrangements. However, regardless of whether a judge has ordered mediation, considering mediation can be beneficial for several reasons:
- Save Money
- Help Parties Feel Heard
- Reduces the Likelihood of Extensive Litigation
- Assist with Developing Amicable Agreements
How long does mediation take?
This will likely vary based on the circumstances. A typical mediation session can take about two hours, but some sessions can last for half a day or longer. Divorce mediation can take time, and in some cases, parties may attend several sessions. On average, sessions can be spread out over several months.
Can divorce agreements be made in one session?
While it can be possible to reach an agreement this quickly, it’s far more likely that parties will make agreements over several sessions. It’s vital that those involved feel heard during the process, and this can take time. However, note that couples may have already talked things out before reaching mediation in some situations, and, as a result, formulating divorce agreements may be easier to reach.
Mediation offers parties engaged in the divorce process the opportunity to engage together in reaching agreements with the guidance of a skilled professional. Divorce can be highly litigious, and it should come as no surprise that the legal process can be complicated. Having a family lawyer by your side will be critical in protecting your rights and ensuring a clear path towards resolution.
Contact Olesko Law Firm, PLLC offers legal services in mediation, criminal defense, family law, estate planning, litigation, and business matters. Call now.