If you or your spouse file for divorce, understanding your legal options is critical. Unfortunately, many assume that divorce is an inherently bitter court battle, which is far from the truth. In reality, many couples can work together to negotiate the terms of their divorce, whether on their own or through mediation. If you are interested in learning more about mediation, the following blog explores what you should know about these matters and how St. Louis County divorce lawyers can assist you during this process.
What Is Mediation?
Mediation is a form of alternative dispute resolution. During mediation, you and the other party, in this case, your spouse, will meet in a neutral location with a third party. This third party, the mediator, is an unbiased entity. They are there to facilitate conversations between the parties in the hopes of finding solutions. It is critical to understand that the mediator is not there to take sides or offer legal advice to either of these disputing parties.
While mediation can be used in a wide variety of legal disputes, from employees and employers to landlords and tenants, it is incredibly common for divorcing couples.
During mediation, the mediator will help you and your spouse stay focused on the issues at hand to reach an agreement on these matters. Issues like child custody, alimony, and property distribution can all be resolved through mediation. When you and your spouse reach an agreement on the issues of your divorce, the mediator can draft the divorce agreement. This will then be submitted to the court which will approve and subsequently enforce the matters included in the contract.
What Are the Benefits of This Process?
One of the main benefits of mediation for divorcing couples is that it is private. Unlike litigating your divorce, which means it will become a public record, everything discussed in mediation is confidential.
Additionally, mediation allows you and your spouse the opportunity to have more control over the terms and conditions of your divorce. When you litigate these matters, a judge is responsible for making the final decision. However, when you mediate, you can work with your spouse to compromise these matters so you both receive a favorable outcome.
While mediation has undeniable benefits, it’s important to understand that this process is not right for every couple. Generally, if you have experienced domestic abuse in your marriage, mediation is generally not recommended due to the power imbalance.
If We Mediate, Do I Still Need a Lawyer?
If you are interested in mediating your divorce, you may assume that you don’t need an attorney. While there is no legal requirement to obtain representation for mediation, it’s generally in your best interest to do so. Consulting with an attorney can help you become familiar with your rights during this process, especially since the mediator cannot provide legal advice. Additionally, having an attorney to represent you means they can review the mediation agreement to ensure it represents your best interest.
When you are filing for divorce, mediation can be a great tool to help move this process along. As such, t he team at Stobie Family Law Group can assist you during these difficult times. We understand how emotionally draining a divorce can be, which is why we can assist you through the legal complexities so you can focus on moving on to the next chapter of your life. Contact us today to learn more.
