Mediation is one of the most commonly used alternative methods of dispute resolution during the divorce process. Mediation is an out-of-court negotiation process that takes place between the husband, wife, and a neutral third-party called a mediator. Typically, the third-party is a retired judge, a family law attorney, or someone else trained in dispute resolution techniques. Often, the parties will also be accompanied by their attorneys to assist them in understanding the law and what effect their choices might have from a legal perspective. One important thing to remember though, is that during a mediation the person conducting the mediation will not and cannot provide legal advice to the parties.
There are a number of advantages to choosing mediation, including:
Of course, as with so many types of legal processes, no matter how many benefits a process may have, there are typically some downsides too. When it comes to mediation, some of the downsides include:
In the end though, despite some of its negatives, mediation can be extremely effective in helping you and your spouse to work toward coming up with creative and effective resolutions, tailored to your particular circumstances. By way of example, perhaps one parent has a very demanding work schedule that requires a great deal of travel at certain times of the year. A well-trained mediator can help couples work toward creating a unique custody schedule that fits their situation. A judge, by contrast, will rarely have the time or ability to do that. Instead, courts often just try to split custody as evenly and expeditiously as possible, without as much attention to the details of the family’s personal life.
Contact Adkins Law if you want to learn more about mediation and the mediation process. We can arrange a consultation with an experienced family law attorney conveniently located in Huntersville.