Did you know that between 40-50% of all first marriages and 60% of all second marriages are predicted to end in divorce? In any divorce, things can get messy easily, but when children are involved, the proceedings can get even more complicated. In these types of cases, divorce lawyers are certainly needed and in some cases, family law attorneys may even get involved. If you’re looking into mediation, family law mediation tips can be useful to know when going into a mediation session — as well as understanding what the difference is between mediation and settlements and what takes place during mediation. In some cases, things can settled out of court with mediation and going to trial doesn’t even have to happen.
What is Mediation?
Mediation is essentially a time when you and your spouse meet with a third party to discuss the future of your child, when you’ve been sent to court. It’s likely you’ll discuss visitation rights or who gets custody over the child or children involved. In many cases, family law lawyers may suggest mediation to solve the issue without having to go back to court. It’s also a free session offered by the court. You don’t have to participate in it and it’s 100% confidential. However, some family law mediation tips can prove very helpful.
Why Might Someone Seek Mediation?
It can often be useful to have a third party available as a neutral sounding board. The mediator doesn’t know anything about the issues you and your partner have been having and can offer a more balanced pathway to help you see what might be best for your child. He or she can also facilitate communication and help both parties discuss and potentially resolve the outstanding issues that have placed you in court in the first place.
What Takes Place During Mediation?
You, your partner, and the mediator will sit down at an agreed upon time and place. The mediator will ask questions to set up the background and get a clear view of what the issue at hand is. Afterwards, each party will have the opportunity to “present their case,” so to speak and share what they think is happening and what the outcome should be. The mediator will then spark a discussion, to help both parties find a solution. If one is found, it gets put into writing and the parties will be asked to sign the document, indicating they both have consented to the agreement.
Some family law mediation tips that can be helpful are to come in with a well thought out and strong argument for your side. It’s also important to come in with an even temper and a willingness to compromise or hear out the other party. It’s also crucial that you listen respectfully to the mediator and participate in the discussion.
With over 875,000 divorces happening every year and the average length of marriage ending in divorce being about nine years, you’re likely to have children involved in the divorce. You want to make sure the right outcome happens for your child or children, regardless of the situation you and your partner find yourselves in.