If you have decided to get a divorce, you may want to consider mediation. In general, mediation is a process you and your spouse can go through to settle all the issues in your divorce. These issues include child custody, property division, child support, and spousal support. The mediation process is about you and your spouse working together to make important decisions for your children’s best interests and concentrating on being good parents. If you hire a Birmingham divorce attorney, they may choose to mediate your case. Sometimes, mediation is ordered by a judge before trial.
What to Expect from Divorce Mediation
When you mediate, both parties meet with a mediator who will help you resolve all issues in your divorce. Usually, the mediator is a lawyer or a retired judge. Their role is to assist you with agreements on divorce matters. They will intervene when you and your spouse have difficulty reaching agreements.
Successful mediation hinges upon constant and open communication. An effective divorce mediator can minimize the animosity between the parties involved. They can help you understand why you and your spouse must be civil and empathetic to each other’s feelings and opinions.
If you have children, the mediator should urge both parties to work together for their sake. While the mediator cannot take sides, they can assist you in taking ideas into consideration that can result in agreements.
Reasons to Consider Divorce Mediation
Divorces that end up in court are public domain. Anybody in the courtroom can hear all the details of your divorce. With divorce mediation, you don’t need to appear in court. All discussions are negotiations made during mediation are kept confidential and private.
You and your spouse may want to negotiate among yourselves about your assets, liabilities, and your children’s future. Rather than letting a judge make decisions for you in court, you can create agreements during mediation.
Having the Advice and Guidance of a Divorce Attorney During Mediation
If you engage in mediation, you can still get legal representation. Indeed, you can have an attorney present during this process to give counsel and guidance, ensuring you understand the effects of all decisions made.
A skilled divorce lawyer can advise on possible pitfalls and protect your interests as you go through negotiations. Also, they will help you understand terms, review the agreements made, as well as offer their perspective on how some decisions can affect you and your children.
When Divorce Mediation is Not an Ideal Option
The process can be emotionally charged. Sometimes, mediation is not the best option for divorcing couples if high levels of conflict are involved. If the parties have intense emotional animosity and are not willing to cooperate, mediation may not be recommended for them. While the mediation process can help spouses address and overcome conflicts, it may not be a great idea to extend mediation just for this reason. The process may not work because it can cause serious emotional fatigue for both parties. In these cases, alternative dispute resolution or litigation may be more appropriate. Mediation in divorce may not be an ideal option in any of the following situations:
If Serious Substance Abuse is an Issue
Substance abuse issues can affect divorce proceedings. Such abuse can impair a person’s ability to make sound decisions and cooperate. This makes mediation less effective. Before a couple pursues mediation, they should address the issue first.
If Domestic Violence is a ConcernV
In divorce cases, domestic abuse accusations are taken seriously. A history of domestic abuse or violence makes mediation an unsuitable option. Family courts are mainly concerned about all the parties’ safety and a couple may need to pursue alternative dispute resolution methods.
If a Spouse is Coercive
If a Spouse is Controlling
In Birmingham, family courts want to resolve divorces fairly. If a spouse wants to control the other spouse, they create an unsafe environment that does not allow for successful mediation. In a divorce, every spouse can freely take part in the divorce proceedings without being intimidated.
If Spouses Cannot Agree on What’s Best for their Child
Family courts prioritize a child’s best interest in divorce cases. If the divorcing spouses have disputes over custody of their child, they may not successfully resolve their divorce through mediation. The court can determine custody arrangements for a couple to ensure the safety and welfare of a child.
If the Divorce Has Complex Financial Matters to Address
If a divorce case involves complex financial problems like significant assets, intricate financial arrangements, and business interests, it may not benefit from mediation. Legal expertise is required to properly evaluate and distribute assets. In such cases, spouses should consult with a lawyer or financial professional to navigate such complexities.
Making the Best Divorce-Related Decisions
As you navigate Birmingham’s divorce complexities, you should think about the different factors and options, so you can assess your situation. Keep in mind that the decisions you make during your divorce will affect its outcome.
After you and your spouse agree on the issues in your divorce during mediation, the mediator will draft an agreement. You and your attorney should review this agreement before you sign it. A court will have to approve the agreement and incorporate it into your divorce.
Determining whether you and your spouse should go through mediation requires careful evaluation. In Birmingham, you have several avenues to explore aside from mediation. These include collaborative divorce and litigation. Before you make a decision, always take into consideration the different factors involved in your particular case. If you are unsure about the option that suits you, consult with an experienced divorce attorney. An attorney can comprehensively evaluate your divorce’s circumstances and recommend appropriate options based on your situation. If you have a lawyer on your side as you go through the divorce process, you will navigate it with confidence that an expert is protecting your best interests and the best interests of your children. The right attorney can help you achieve a fair divorce resolution and fight for your rights whether your case gets settled out of court or ends up in litigation.