Some clients wish to resolve their divorce disputes through mediation rather than going through the costly process of divorce litigation. Through mediation, couples facing divorce find much more peace, and have much more control over the outcome by working to shape solutions that work for them.
Mediators are highly trained third parties who know how to see the issues on both sides, and can be of tremendous help when trying to find solutions to complex family issues in divorce.
First, both parties must agree to mediation. The mediator is usually hired and paid by both parties. The mediator does not represent either party in the divorce and cannot be called to trial to testify as to what is said during mediation. Instead, the mediator is a neutral facilitator who is trained in the process of working with both sides to a divorce.
The mediator's purpose is to identify solutions that meet the needs of each party involved in the divorce. The mediator discusses and clarifies issues in conflict and explores options for settlement with both parties.
Mediation in Alabama is highly confidential so as to encourage parties to discuss issues and possible solutions. As such, the mediator cannot be called to testify in trial. Also, any discussion of settlement talks is not admissible at trial.
The mediator will not impose a solution, but instead helps both parties create their own solutions. These solutions can be very tailored to different and unique situations. As such, some solutions may not be attainable through litigation.
When both parties have voluntarily reached a resolution, a divorce settlement agreement is drawn up and reviewed by the court. The importance of having a well-written settlement agreement cannot be underestimated. It must include and address all foreseeable and future concerns. It is essential that an experienced Alabama divorce attorney draft this document in a thorough and meticulous manner, because many times the decision will ultimately come down to the working on the document. Divorce mediation in Alabama is enforceable in court should the other party fail to honor the divorce settlement agreement.
My role in mediation is to represent you, acting as your legal advisor. I will assist you in the preparation of documents, make certain you understand the legal issues, and provide legal guidance to help you make the best decision possible for you and your family. When agreements are reached in mediation, I will make sure the settlement language accurately reflects your wishes. I will also prepare the necessary documents required for the Court for a settlement agreement.
I firmly believe in mediation as an excellent means for many families to successfully resolve their conflicts and move forward with their lives. I strongly advise that couples considering divorce mediation in Alabama have an experienced divorce lawyer representing them on the matter. Even though mediation is not litigation, it still can have a tremendous impact upon you and your child's future. If the facts and issues of law are not properly placed before the court, the results could turn out quite different from what you intended.
There are some cases when mediation may not be appropriate, such as where there is domestic violence, mental illness, or substance abuse. However, mediation is a cost-effective, efficient way to handle most divorce cases.
There is a solution to fit every situation. Whether your divorce is an agreeable transition or a battle, I will handle your legal proceedings with accuracy, discretion, and compassion.
If you are interested in mediation for your divorce case, contact us today for a consultation!