Family Law & Divorce Mediation
FAMILY & DIVORCE MEDIATION
Family Law disputes and Divorce cases are particularly well-suited to mediation not only because of the very private nature of these disputes, but also because of the extreme emotional strain caused by prolonged litigation in these cases.
In addition to the parents' stress, children also suffer enormously when their parents are divorcing or arguing over custody and financial issues; the children's needs should be paramount in any domestic dispute.
Private mediation provides an option to divorcing families or families embroiled in a custody dispute to have these issues mediated and resolved as quickly and as privately as possible with the least amount of disruption and ongoing uncertainty.
Sensitive and often complex financial issues can be openly discussed and resolved within the privacy of a confidential mediation without media or other unwanted attention, particularly in high profile dissolutions.
FILING PAPERWORK IN A DIVORCE MEDIATION CASE
One unique aspect of Divorce mediation is that the mediator helps the parties file the necessary paperwork to begin and finalize the parties' dissolution in court without the parties ever having to step foot in the courtroom themselves.
A second unique aspect of Divorce mediation is that the parties are generally required to have their own independent attorney review the marital settlement agreement before it is finalized and sent in to the court with the remaining judgment paperwork by the mediator. Although many parties are reluctant to hire an independent attorney to review the agreement that the parties and the mediator prepared together based on the parties' own agreements, this final step of having reviewing counsel helps to ensure that both parties are adequately represented and therefore helps assure the enforceability of such an agreement later on.
MEDIATION OF PRENUPTIAL AGREEMENTS
There are many things couples can do to protect their rights and their separate assets before it becomes an issue or before a Divorce or Separation. Discussing these issues before the marital or domestic partnership relationship is formed is the best method of preventing drawn out legal battles in the event of a Divorce or Separation.
Discussing these issues early can also help couples think about and discuss their financial issues to help protect the marital relationship and avoid the financial difficulties that often are one of the causes of Divorce.
Premarital or Post-Marital Mediation is somewhat like financial counseling. Individuals who have taken the time to undertand and shape their own unique property arrangements and financial partnership together are more confident about their financial roles in the relationship and do not have the uncertainty of the unknown in the event of a divorce. A Property Agreement like this is like an insurance policy that protects both parties equally and does not favor one party over the other. These issues are explained in mediation and also by independent reviewing/consulting attorneys.
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