What alternatives exist in your divorce case outside of going to court? One alternative is divorce mediation. It is a powerful tool that allows you and your spouse to decide how to end your marriage on your terms. Mediation is less expensive than going to court. It is also less stressful and time consuming.
Divorce mediation involves spouses working with a neutral third party. The spouses negotiate using this person, referred to as a mediator. Mediators specialize in dispute resolution. Because of this, a mediator understands how to handle different personalities. Mediators are also great communicators. Good communication greatly increases the chances of settling a case.
Divorce mediation is a good tool when spouses cannot agree how to resolve their case. It works best when spouses are willing to discuss options. Divorce mediation is available tin all areas of family law, including resolving alimony and child support payments, as well as other children’s issues. However, mediation only succeeds where spouses are willing to compromise their positions to settle the case.
Spouses usually begin the divorce mediation in the same room. The mediator will provide an overview of the process and his role in it. The mediator will also briefly allow the spouses to state what they believe the issues are. Each spouse can also share an initial settlement position at this time.
The spouses can continue to explore settlement in the same room. However, the mediator may find it helpful to separate them. The mediator would then communicate information between them in separate rooms. These caucuses are a powerful tool. They reduce emotions that may result from the spouses communicating directly to each other. They also allow a party to develop settlement alternatives with their attorney and the mediator, without the other spouse present.
If an agreement is reached, the mediator will draft a settlement agreement. This settlement agreement will be signed by the parties and their attorneys. It is also enforceable like a contract. The attorneys will then draft a final judgment for signature by the court that adopts the settlement agreement.
One of the most critical parts of a divorce mediation is that the process is confidential. This is very important to stimulate compromise. For example, a settlement offer made by one spouse during mediation cannot be used against that spouse later in court. This encourages spouses to make practical offers to settle their case.
Spouses can also share with the mediator thoughts about their case without those ideas being shared with the other spouse. This helps a party get honest guidance from a mediator, without worrying that the information will be learned by their spouse.
The key to a successful mediation is preparation. At Christopher M. Sprysenski, P.A., our Orlando divorce mediation attorneys work with you prior to the mediation to develop different settlement scenarios. This pre work is important, so you can make informed decisions at mediation. Our attorneys use specialized computer software during mediation so our clients see what different proposals mean for them. We also provide the mediator with a comprehensive case summary prior to mediation. This case summary helps the mediator understand the issues in your case walking into mediation. Case summaries save time and money for our clients.
Our attorneys will also explore with you other alternative dispute resolution processes so that the one right for your case is utilized.
Are you looking for a divorce mediation attorney to help you try and settle your case? Contact Christopher M. Sprysenski, P.A. to schedule a consultation with an Orlando divorce mediation attorney with our firm. Call us today at 407-630-8485. We offer payment plans and accept all major credit cards.