Mediation is a valuable tool to resolve family law matters that come to an impasse in court or when both parties mutually agree to try alternative dispute resolution. An Albany mediation lawyer can guide you through this dispute resolution process. Whether you are interested in mediation to resolve the terms of your divorce, custodial arrangement, or other matter, a divorce attorney can help you pursue a productive outcome tailored to your specific needs.
Families may choose to utilize mediation to take a collaborative approach during a divorce. Mediation can be an extremely effective way to resolve these critical matters without the time and expense involved in a traditional court case. The mediation process can also facilitate healthy communication between both parties and avoid the additional emotional burden that going to trial might impose. In some situations, the family court may order a couple to undergo mediation to resolve their differences.
Mediation can be an especially helpful to resolve concerns such as child custody. A mediator can help encourage healthy communication between the parents to reach a custodial and parenting plan that meets the best interests of their child. For example, a mediator can assist with the discussion of critical questions such as whether one or both parents will have legal or physical custody of their child, the amount of child support to be paid, and the visitation schedule for a non-custodial parent. If both parties can agree upon the custodial arrangement, they can present their agreement to the court for approval.
During mediation, the parties can also resolve matters as the division of marital assets and property, spousal support, and the handling of any debt shared by the couple. The outcome if the mediation is not binding. The goal of mediation is to reach a resolution that addresses the concerns of both parties. However, if neither party is satisfied with the findings of the mediator, they may proceed to court to let the judge determine the terms of the divorce settlement.
During mediation, a neutral third party will talk with both parties to help them achieve an agreement that benefits all involved. At mediation, all concerns and points at issue will be brought to the table as the mediator tries to encourage a productive discussion between the parties. After the mediator meets with both parties together, they may have individual conferences with each party. This is where the mediator will further evaluate the facts of the legal matter or matters at hand and formulate a proposed settlement.
Typically, only the mediator, the parties involved, and their respective Albany attorneys will be present. The mediator then presents the proposed settlement to the parties who can decide to move forward with the settlement or reject it. If the parties reject the first settlement, the mediator may continue to work with each party in an effort to achieve a mutually acceptable resolution. If mediation does not suffice to settle, the matter may return to court for a judge to decide.
If you believe that mediation could be an effective choice for your case, you should consult with an experienced legal advocate. An Albany mediation lawyer to discuss your legal options. An attorney could review the particulars of your case and advise whether mediation may be the best strategy moving forward.
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