In most divorces, couples take matters to court to seek resolution. Each side has a lawyer and as weeks and months go by, the fighting continues. The lawyers spend more time on the case, and the stress continues to rise for both parties. In many cases, both parties end up putting their future and their children's future in the hands of a judge. At Capraro Law, we offer Mediation law as a way for both parties to find a better way to separate, rather than a traditional divorce.
There are alternatives for people to consider. One option that many opt to consider is mediation. In mediation, both parties try to reach an amicable settlement outside of court. While mediation can be a great option, it is important to remember that a mediation cannot make both parties find a resolution.
What Is Family Law Mediation?
In mediation, both parties sit together with a neutral mediator. In most cases, an attorney is not present in mediation sessions, unlike collaborative law. A mediator tries to facilitate a discourse between both parties such that they are able to reach an agreement. In most cases, multiple sessions are needed through this process, for both parties to reach an agreement privately outside of court.
If an agreement can be reached, the mediator generally puts this agreement in writing. The parties then hire separate counsel to file settlement paperwork in court and obtain the approval of a judge. It is important to know that mediators cannot divorce parties. They also cannot present the settlement paperwork in court to get it approved by the judge. A judge also has the discretion to accept or reject a settlement agreement if they find it unconscionable.
There is also voluntary and court-ordered mediation. It is important to understand the difference. In voluntary mediation, the parties decide willingly to go to mediation. They also agree on the mediator they are using. In court-ordered mediation, the court selects the mediator for the parties.
Issues That Can Be Addressed in Mediation Include:
- Marital property and debit division
- Child support and other expenses for the children
- Child custody, visitation, parenting time & allocation of parental responsibilities
- Maintenance
- Tax-related issues
- Payment of legal fees
In some cases, both parties might be able to agree on issues in dispute in mediation. In other cases, the parties might not be able to enter an agreement. It also might be that some issues are resolved in mediation, but other issues of dispute remain unsettled such that the court still has to decide those matters.
If you are looking for a mediation lawyer, then contact Capraro Law, we have mediators who can help you and your family.
How may we help you?