Mediation is one process that many individuals use to resolve their family law disputes. Our attorneys will discuss with our clients whether mediation is a good fit for their case. If mediation is the best path forward, our attorneys will explain the different mediation options and formats and provide practical advice to guide our clients through the process.
The divorce process can be extremely stressful and expensive. Stress and costs often increase significantly when the divorce is heavily litigated. Litigation may be necessary in some cases, but in many others, mediation may provide a more efficient and effective means of resolving the case.
Mediation is a process in which parties resolve their disputes with the assistance of a third party neutral (“the mediator”). For family law matters, the mediator is typically an attorney or a retired judge.
The goal of mediation is to reach a fair compromise on all issues and achieve the best post-divorce situation possible for both parties, without the need for costly litigation.
The mediator facilitates a discussion between the parties about important matters arising from the case such as division of property (assets and debt), child support, spousal support, child custody, and visitation. Each party has an opportunity to share his or her perspective. Rather than leaving the decision-making up to a judge at trial, the parties retain control over the outcome by agreeing to a mutually beneficial resolution after communication, negotiation, and compromise.
Although a mediator is unable to make decisions for the parties, he or she can facilitate communication, problem solve, and develop effective solutions. Mediation is a voluntary process, and either party may terminate mediation at any stage. If the mediation process is terminated, the parties will have to resolve the outstanding issues in another manner, which may be negotiation between the parties or their attorneys, or it could result in litigation where a judge will decide the outcome.
If the mediation process leads to a resolution, the mediator will draft a settlement agreement for the parties to review and sign. Both parties should have a lawyer review the settlement agreement for him or her. We also recommend that parties consult with their own attorney throughout the mediation process to ensure that the parties are making educated and reasonable decisions in the mediation sessions. Once the parties sign the settlement agreement, the parties submit this agreement to the court for the judge to incorporate into the divorce order. As such, the parties do not have to engage in the expense and stress of a trial.
Mediation often reduces stress on the family. Mediation is designed to help parties resolve custody, support, and financial issues on their own terms. Mediation is especially helpful when children are involved as a way to protect their best interests as well as those of the family unit.
Mediation is empowering. Unlike litigation, mediation allows the parties to determine the outcome of the disputed issues rather than being told what the outcome will be by a judge who knows almost nothing about the family or its issues before trial begins.
Mediation preserves privacy. While divorce proceedings in court are open to the public, mediation offers a more private and confidential setting to discuss the issues associated with marriage dissolution.
Mediation often reduces costs. Parties typically incur fewer attorney’s fees and costs when their cases are resolved through mediation.
All of our attorneys can assist and guide clients through the mediation process. This representation ranges from being present at the mediation sessions to preparing our clients to address substantive issues and as to the best way to present their viewpoints. This representation also involves reviewing the settlement agreement prepared by the mediator.
Two of our attorneys (David L. Ginsberg and Nathan J. Olson) are certified mediators in Virginia. They assist parties who have chosen to resolve their family law issues through mediation. In this role, they do not represent either party but instead serve as the third-party neutral with the goal of facilitating a resolution to disputed issues. They also have extensive experience in drafting settlement agreements once such issues are resolved. Nathan reduces his standard hourly rate for his mediation cases.
Contact Cooper Ginsberg Gray today to learn more about mediation and schedule an initial mediation session or consultation.
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