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Farias Family Law, P.C has released an article, “What’s the divorce mediation process and timeline?” It helps attorneys and parties to a divorce understand exactly how mediation works in divorce, including details about the process, timing, and costs.
Mediation is a type of alternative-dispute resolution to address issues in divorce. If utilized in the proper circumstances, it can be a more efficient and less expensive way to resolve contested divorce issues than using the court system.
Mediation is most effective when there are two parties who are reasonable and rational and are willing to compromise. It’s least effective when one of the parties is reluctant to proceed with the divorce (usually someone in denial) or is unreasonable, whether out of spite for the other party, greed, or other issues that affect judgment, including substance abuse and/or mental illness. Mediation also doesn’t work well when there’s a situation that requires immediate attention, such as an emergency. In that case, it’s advisable to file the care in court in order to obtain a binding and enforceable order from a judge
In addition to explaining how it works, the article breaks down the timing of mediation. It can be used before a divorce is filed—and hopefully result in an agreement, which is incorporated into an uncontested divorce filing. But it can also be used after a filing if the parties want to utilize it instead of the more common route of addressing the issues in court. Contested cases can be mediated and turn uncontested when the issues are resolved.
As effective as mediation can be, the parties should be careful about handling mediation without guidance. The mediator is a neutral third party, and therefore isn’t representing the interest of either party. Therefore, especially in cases in which there’s a lot on the line, such as custody, parenting time, or significant financial issues, mediating without guidance from a reliable divorce lawyer can be risky.
In discussing the Roth article, Attorney Bill Farias said:
“Although mediators should work toward a fair agreement for both sides, they don’t represent the interest of either party. The mediator is not looking out for you or your interests. Therefore, the more there is at stake, such as assets, potential alimony, and child-related issues including support, the more sense it makes to be guided through mediation by a quality divorce lawyer.”
Farias Family Law, P.C welcomes comments and questions from readers as they strive to constantly improve the quality of the content and tools they provide to those in need of family law information.
Anyone who has a specific question about a past, present, or future article can contact Farias Family Law, P.C via their website at https://www.billfariaslaw.com/
Release ID: 515871