Mediation is a commonly used method for divorcing spouses to negotiate a settlement. During this process, both spouses meet with a neutral third party called a mediator, who will try to help facilitate an agreement on certain issues. During this meeting, both spouses may also bring their respective lawyers for legal counsel. The mediator will not make decisions for either party, but rather help both spouses figure out what resolution works best for both of them.
Benefits of Mediation
Couples who are involved in a divorce should consider mediation for a number of reasons:
Court trials and hearings can become expensive, which is why so many divorcing couples opt for mediation as a more convenient and less costly option.
Most mediations are able to successfully reach a resolution on all of the important issues in a couple’s divorce.
If your case goes to court, it becomes public record. In mediation, however, negotiations are kept confidential.
Mediation gives spouses the opportunity to resolve their own issues rather than have a solution imposed on them, which might not suit either party’s needs or wants.
Spouses can still bring their own lawyer with them for legal advice throughout the mediation process.
Mediation also gives spouses a chance to improve communication, which can be particularly helpful if there are children involved.
The Process
Every mediator will have his or her own approach to how the process of mediation is conducted, but most will follow a similar outline, often beginning with a phone call for spouses to provide information regarding their family, marriage, and the issues they would like to address. A skilled mediator will try to make both spouses feel comfortable, so that both parties feel a bit more at ease during this stressful time.
Lawyers in Mediation
Some spouses might want to bring a lawyer to mediation, which is something that should be worked out with the mediator as well as the attorney. If a spouse feels that he or she cannot effectively navigate the situation or stand up for his or her own demands, having an attorney present might be necessary.
Negotiations
Divorcing spouses likely disagree on most things, but it is important to enter negotiations with an open mind and a willingness to cooperate. Spouses should listen to one another’s point of view and truly attempt to understand it. It does not mean that spouses have to agree, but having an understanding sets the groundwork for eventually resolving the issues at hand.
Once negotiations are complete, any signed documents can be included into the divorce paperwork and will become part of the divorce judgement. If, in the future, a spouse does not comply with the agreement, the other spouse may go to court to request that the agreement be enforced. This is not a common occurrence, since those who reach agreements through mediation are often more inclined to follow them.
Oklahoma City Family Law Lawyers
At Mazaheri Law Firm, our Oklahoma City family law attorneys are here to provide clarity for any family issues you may be facing in your divorce case. We understand that these issues are often overwhelming, stressful, and bring a great deal of uncertainty into the lives of our clients, which is why we take particular care to giving not only skilled, but compassionate representation to those who seek our help.
We handle a number of family law cases including, divorce, child custody, spousal support, child visitation, prenuptial agreements, most divorce modifications, and more. You do not have to face this difficult time alone.
Call us today at (405) 645-6022 to reach our team and learn more about how we can help you.
