Mediation Process in Saratoga Springs

Mediation is an effective way of resolving many civil disputes outside the courtroom. It can be especially helpful in family law matters. During standard Court trials, a judge could impose a solution that seems fair and workable but might not be feasible in the parties’ particular circumstances. In mediation, the parties negotiate until they arrive at a solution everyone supports and believes they can live with.

Mediation can be faster and less expensive than taking an issue to Court, but it is just one of several options available to resolve family disputes. An experienced mediation attorney could help you understand the mediation process in Saratoga Springs and decide whether it is the best option in your case.

The Basics of Mediation Proceedings

In mediation, a neutral third party guides the parties’ discussions. The mediator ensures both parties listen to one another and the negotiations are productive. Perhaps the single biggest advantage of mediation is that it allows the parties to maintain control.

Attorneys usually do not represent their clients in mediation as they would in Court. An attorney can either serve as the neutral third party mediator or represent either party during a mediation. In either role, a legal professional in Saratoga Springs could provide vital legal guidance throughout the mediation process and review any settlement to ensure the parties understand it and its implications.

The Process of Mediating a Divorce

If you choose to use a private mediator the involved parties will attend mediation sessions with a certified mediator until they reach an agreement.  Some couples might need multiple mediation sessions to resolve all issues on the table. Once they can settle on solutions, the mediator will draft a settlement and all documentation to complete a divorce. The Court will review the settlement and issue a divorce decree if it is acceptable. If issues remain unresolved when mediation terminates, a judge may make the final decision on unresolved issues. A Saratoga Springs attorney could help facilitate efficient and productive negotiations to resolve the mediation process without going to Court.

What Issues Can Be Resolved in Mediation?

A couple could go to mediation before filing for divorce, attempting to resolve issues regarding:

• Children
  • Child support
  • Parenting time
  • Custody
  • Visitation
  • Child’s health insurance
  • Education expenses
• Spousal support
• Real property division
• Bank accounts
• Investment accounts
• Retirement accounts
• Businesses
• Vehicles (including boats, motorcycles, and RVs)
• Jewelry
• Stocks and bonds
• Credit card debt
• Student loan debt
• Mortgages, HELOCs, and other loans
• Payment of the fees associated with mediation and divorce

A judge will scrutinize any agreement regarding child custody to ensure it supports the children’s best interests. Family mediators and attorneys with experience navigating the process of mediation understand the factors judges consider when evaluating a divorce agreement involving children. A member of our legal team could help prepare someone to address the concerns a judge might raise regarding their proposed agreement.

Consult a Saratoga Springs Family Attorney About Mediation

Mediation can be a flexible, time-saving alternative to taking a dispute to Court. However, achieving a successful outcome from mediation requires all parties be willing to communicate and compromise. Not every divorce is the same, and you should always consider what is best for you and your family.

If you are involved in a family law dispute, a compassionate attorney could explain your legal options for achieving a resolution. Contact us to learn more about the mediation process in Saratoga Springs.