Is Mediation for You?
Divorce proceedings can be multi-faceted and involve multiple areas of potential dispute. Traditionally, resolution was reached 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 could involve requests for restraining orders and orders relating to assets and debts. However, federal cutbacks on court budgets have resulted in longer wait times, meaning divorce can take years to resolve. The financial and emotional drain on the family is often devastating.
Mediation is often resorted to by couples who are deep into the divorce process as they are frustrated with the pace of the proceedings and lack of control over the outcome. However, mediation can be the first step in the process.
Mediation offers the opportunity to sit down and discuss issues right away, saving time that would be lost waiting for a court date. Additionally, mediation is confidential so your matter is not part of the public record that can be viewed by anyone, such as potential employers.
Mediation is fair to both sides as the mediator is a neutral party not advocating for one party against the other, but one who facilitates the process with a grasp of the applicable law, to provide assistance as to how the law applies to the family’s situation. Further, parties can obtain independent legal advice so a thorough understanding of the terms of the agreement can be achieved.
Most parties who mediate are successful in reaching an agreement rather than taking 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. Consequently, mediated agreements are more likely to be followed and implemented because they are not simply a court ruling. Mediated agreements become a court order once it is signed by a judge and filed with the court, meaning it stands as legal as any other judgment of the court and is enforceable as such.
I have been mediating cases for over 20 years and have witnessed enormous financial and emotional savings for clients who choose mediation.
For those confronting divorce, mediation is for you!
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.
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