Though it may seem like all divorces are bitter battles in which the parties only communicate through their attorneys, this is far from the truth. In reality, you’ll find that there are a number of avenues you can pursue to get a divorce, including mediation. One concern many couples have is finding an option that helps protect their privacy during these difficult and personal matters. As such, if you’re concerned about the confidentiality of mediation, you’ll want to keep reading. You’ll also discover why working with St. Louis County divorce lawyers is in your best interest during this emotional matter.
What Is Divorce Mediation?
When you and your spouse file for divorce, it’s important to understand that you do not have to undergo a lengthy, expensive, and contentious court battle. You may be able to opt to mediate your divorce. In fact, Missouri courts will often mandate mediation for divorces involving child custody disputes.
This process involves meeting with a neutral third-party entity, the mediator, who will oversee the conversations. The role of the mediator is to move the conversation along and help the disputing parties reach an agreement. It’s critical to understand that mediation is based on compromise. As such, you and your spouse both need to be prepared to make sacrifices to successfully mediate your divorce. Mediation provides more control over the outcome of your divorce as you and your spouse will be able to address more specific concerns than what would be discussed in court.
While mediation can be incredibly beneficial for many couples, it should be noted that this process is not recommended if there are instances of abuse present in your marriage. This is because a power imbalance, where one spouse may be afraid to speak up makes mediation ineffective.
Is Information Shared in These Meetings Kept Private?
One of the main benefits of opting to mediate your divorce is that it offers more privacy than litigation. This is because when you file for divorce and go to trial, your divorce becomes a public record. This means anyone who knows how can access information regarding the dissolution of your marriage, like financial or personal information. However, because mediation is confidential, the details of your divorce will not be made public.
It should be noted that in Missouri, like most states, there are exceptions as to what information can be shared after mediation. If allegations of child abuse or other serious harm arise, the mediator, though not a mandated reporter in Missouri, can report their concerns to the appropriate parties in good faith.
Though you may assume you don’t need an attorney for mediation, it’s in your best interest to obtain legal representation. Your attorney can help provide further information regarding your rights during mediation to help you make decisions that reflect your best interests. Additionally, if you and your spouse are able to reach an agreement during your sessions, your attorney can review the agreement to ensure it reflects what was discussed during mediation and accurately represents your best interests.
If you are planning on divorcing your spouse, the team at the Stobie Family Law Group can help. Our firm can assist you in filing the necessary papers and exploring your options, including mediation. When you need guidance, our team is ready. Contact us today to learn how we can assist you.
