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Whether you’ve been married for a year or a decade, it’s never easy to decide that you and your spouse should go separate ways. Divorce is an emotionally and physically stressful time. You need to determine the most suitable way to legally end your marriage and sort out different parental and financial issues – all while maintaining a sense of stability for your children. One way to do this is through litigation, but this is a costly and time-consuming process. Another way that divorcing couples can resolve matters is through mediation, which helps you avoid the bitterness and resentment of a litigated divorce.
In most states, couples are required to try mediation before taking the case to court. Now, you’re probably wondering whether you should hire a Las Vegas divorce attorney for mediation. Many people who go through the mediation process hire a divorce family law attorney for legal advice. Here’s what you should know about divorce mediation and how a lawyer can help during the process.
What Is Divorce Mediation?
Divorce mediation involves settling conflicts informally, outside of court, to resolve a separation amicably. It’s a type of alternative dispute resolution in which the mediator, a neutral third party, assists in negotiating a fair settlement. During the mediation process, you typically address issues like child custody, child support, alimony, and property division.
In contrast to judges, third-party mediators don’t decide who receives what or how to divide assets. Rather, a successful mediation assists couples in reaching a fair settlement. There are several stages in this process; starting with an introduction and ending with the final resolution, it can take numerous sessions before both parties reach an agreement.
The Result Of Divorce Mediation
Once you come to an agreement, the details are drafted into a MOU, a memorandum of understanding. When both parties sign the document, it becomes binding in the event that you decide to take things to court. At this point, it helps to have a family law attorney on your side to go through the document. However, if mediation is unsuccessful, you can go the traditional route in which your attorneys litigate on your behalf.
Nevertheless, mediation isn’t recommended for a contentious divorce or if one party is fearful of their ex-spouse and has suffered from domestic violence. If you’re unsure of whether it’s a good idea to opt for divorce mediation, consult a divorce attorney first.
Why You Need a Divorce Attorney For Mediation
During mediation, it helps to have an attorney to walk you through your legal rights. Without guidance from a professional, you may give up too much or cause the other party to walk away from negotiations. Even though mediation is a way to resolve a divorce outside of court, you must be familiar with aspects of divorce law.
You should be aware of your state’s laws on marital property, how to calculate child support, and whether you’re eligible for alimony. A divorce lawyer can inform you regarding these matters and help you set expectations regarding your divorce settlement.
What Role Do Divorce Lawyers Play During Mediation?
During the mediation process, divorce lawyers play an essential role. As your legal counsel, they do the following:
- Review all agreements and documents put forward by the mediator.
- Provide advice in between sessions so you can better negotiate the terms of the divorce.
- They assist with research and prepare necessary documents
- They help you present your needs and concerns in a clear and persuasive manner
- They attend mediation sessions and provide passive assistance by taking notes and providing feedback during breaks
- They can also play an active role by advocating for you during mediation sessions by engaging in dialogue with the opposing party and their lawyer.
Attorney-assisted mediation is recommended for legally complex and/or high-conflict divorces. These are commonly where one party has difficulty communicating their demands during mediation sessions. Here, having family law lawyers present helps break up the parties so that the quieter spouse can communicate their requirements.
What To Expect During The Mediation Process
The specifics of your mediation process can vary depending on who your mediator is. Though there’s no standardized approach, here’s what an example timeline looks like.
Introduction
If you’ve already hired a divorce lawyer, they can provide mediator recommendations based on who they think is right for your case. After that, either you or your attorney can contact the mediator, who will schedule the first session and arrange for one-on-one meetings with individual parties.
Determining Issues and Goals
Sometimes, mediators speak to parties individually; sometimes, they don’t. Regardless, most cases of mediation start with a discussion to identify shared goals and outstanding conflicts. It allows the parties to see that their aims overlap, ensuring a more focused discussion.
Child-related Issues
In any divorce mediation, child-related issues are a top priority and are mediated first. Usually, issues such as parenting time, custody, and decision-making authority are the most important concerns for both parties. Similarly, most states prioritize providing children with stability while their parents go through a divorce.
Financial Issues
Mediators assist the parties in preparing a marital balance sheet. This is a document that outlines the marital assets and debts. The balance sheet helps determine the best way to divide assets so that each party can visualize what they’re receiving. It also ensures that everyone is on the same page regarding marital assets.
MOU
After the parties come to an agreement, the mediator will draft an MOU explaining the terms of the agreement. Each party and their attorney will receive a copy of the MOU. Then, the terms of the MOU will be incorporated into the Parental Allocation Judgment, Marital Settlement Agreement, and Judgment for Dissolution of Marriage.
The above-mentioned timeline is for when the divorce mediation process is successful. In the event that both parties don’t come to an agreement, your attorneys will proceed with litigation, in which case, you need to be prepared with the right divorce attorney.