A Divorce Option That Can Save Time, Money and Stress & Produce Satisfying Results
Mediation is a dispute resolution process by which parties come to agreement on one or more issues with the assistance of a neutral third party. Many couples look to mediation as a way to make their divorce process more economical, efficient, and cooperative by avoiding the traditional court process.
Mediation is a process by which parties come to agreement on one or more issues with the assistance of a neutral third party. Mediation can result in avoiding court involvement in your family life and keeps control of the outcome with you and your spouse or your child’s other parent. It may result in significant cost savings as well. Mediation can occur at any time parties have an issue to resolve concerning their
children, their
property, or
support for one another.
Most often mediation occurs in a family law matter after a petition for divorce is filed, but it can occur prior to a filing or to address an issue that arises after the divorce is granted. Mediation can and should be considered as a means of resolution on many issues, including creation of
pre- and postnuptial agreements,
division of assets and debts, and determination of
child custody, placement and
support.
Mediation is a voluntary process, but sometimes it is court-ordered.
In many divorce cases, parties may decide to hire a mediator. Divorce mediation is a flexible tool that may operate in several ways.
In some instances, a mediator can be hired to participate in a single mediation session to help the parties reach a settlement if they are unable reach an agreement on their own. This mediation session typically takes place after all of the relevant financial information and some proposals for resolution have been exchanged between the parties.
In other instances, parties may decide to hire a mediator to serve as a neutral divorce facilitator. In these cases, the parties have often decided that they want to save costs by not hiring their own attorney representatives. Instead, they hire a single, neutral family law mediator to help the parties through the divorce process.
Parties also frequently engage a private mediator to assist them in what is a series of mediation sessions with their respective lawyers fully participating. Selecting the mediator with the temperament and style of mediation that is may improve the chances for success is one of the benefits your attorney can provide.
A mediator can do all of the following:
- Identify the important questions that need deciding
- Provide the parties with the correct information and forms to be completed to move through the divorce process
- Make suggestions for resolution and compromise
- Help the parties come to an agreement on regarding each matter to be decided in the divorce
At Hawks Quindel, our family law attorneys may also serve as mediators. We can be flexible in providing the specific type of mediation service you need depending on the circumstances of your case.
The potential advantages of mediation versus traditional litigation include:
- Maintain a respectful dialogue with the other party instead of fighting and/or working through third parties
- Save money – often thousands – by reducing legal fees
- Save time and stress by completing the divorce process in only a few meetings, versus separate attorney meetings and court dates
- Reduced stress and strained emotions for everyone involved, especially children
- Terms that are more far-reaching than just those required to complete the divorce
Mediators come from many backgrounds and often have specific training in mediation. Our office has trained mediators in the area of family law. To see if mediation is an appropriate option for you, p
lease call a Madison family law attorney directly at (608) 257-0040 or a Milwaukee family law attorney at (414) 271-8650, or email us via our Contact Page.