Is Mediation for You?

 Divorce proceedings are multi-faceted and involve multiple areas of potential dispute. From an initial separation, issues arise with respect to establishing a parenting plan, temporary financial support, maintenance of debt, securing and itemizing assets. Further into the process, issues arise with respect to the division of community assets and debt, long-term parenting plan, long-term child and spousal support and fees incurred for the professional assistance and costs involved.
Traditionally, the way to reach resolution was through the courts where one spouse petitions for divorce and frequently asks the court for temporary orders regarding child custody, child and spousal support and fees. Other cases are more complex and can involve requests for restraining orders and orders relating to assets and debts. It is not uncommon today for litigated divorces to take literally years to resolve. The financial and emotional drain on the family is often devastating. However, there are alternatives to the courtroom.
Mediation offers people the opportunity to sit down and discuss issues right away, saving time that would be lost waiting for a court date. The time saved equates money saved and reduces emotional stress that frequently accompanies litigation. Additionally, mediation can be confidential so your dispute is not part of the public record to be viewed by anyone. Mediation is fair to both sides as the mediator is a neutral party not advocating for one party or other, but one who facilitates the process and is able to provide assistance as to how the law applies to the family’s situation. Most parties who agree to mediate succeed in reaching an agreement they create rather than take the chance of obtaining a different result from an over-worked judge who simply does not have the time to understand the family and the dispute. Mediated agreements are also more likely to be followed and implemented because they are not simply a ruling from the bench and  they become a court order as it is presented to the court for execution filing. The judgment stands as legal as any other judgment of the court and is enforceable as such.
The benefits of mediation are clear, so if you’re confronting divorce, mediation is for you!
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.