Legal matters involving the family can be tough for everyone involved. It is important to realize that litigation is not the only option in a divorce or family law case. Parties who wish to avoid court and resolve their differences civilly can pursue mediation as an alternative form of dispute resolution.
If are facing a divorce or other family law matter, a Manhattan mediation lawyer could help you resolve your case without a lengthy court battle. Our firm’s experienced advocates understand that mediation can expedite the legal process and give you more control over the outcome. Reach out to learn more about what a divorce attorney could do for you.
Mediation is a process by which divorcing spouses or separating parents meet privately outside of court in an effort to resolve their disputes. A neutral third-party mediator conducts the process, facilitating negotiations between the parties.
During mediation, the parties can discuss all aspects of their case, including child custody, spousal support, and property division. If the parties are able to reach an agreement, it can be reduced to writing and submitted to a judge to approve. A Manhattan attorney skilled in mediation could further explain the process and its potential outcomes to a couple that is seeking civil separation proceedings.
Often, couples desire a method of marriage dissolution that does not involve extended litigation. For these people, mediation may be the best choice. If a couple is able reach an agreement, submitting it in court for final review and approval can significantly speed up the divorce process. Because it allows parties to resolve their issues without the help of a judge, mediation can be quicker and significantly less costly than litigation as a method of legal separation.
Under Kansas Statute §23-3505, the mediation process is confidential. With certain limited exceptions, the information exchanged in mediation cannot be disclosed to anyone other than the involved parties and their attorneys. This allows separating couples to openly discuss various options without fear that their statements will later be used against them in court.
Mediation also allows couples to prioritize what is best for their children rather than tearing one another down through litigation. A mediation attorney in Manhattan could help a divorcing couple create solutions that are mutually beneficial and prioritize the well-being of the family.
When parties participate in mediation, they typically meet in an informal and safe environment like an attorney’s office or another neutral location. The mediator will explain the process and have the parties sign a statement indicating that they understand the confidentiality requirement and consent to the mediation.
After the ground rules have been set, the discussions will generally focus on the areas where the parties disagree. Using their training and expertise, the mediator will encourage productive discussions with the goal of reaching mutually agreeable solutions.
If the parties can resolve their disputes, the mediator may draft an agreement for the parties and their attorneys to review. Once signed, the parties can submit the mediated agreement to a judge who can issue a final order and conclude the case. A local attorney that is well-versed in the resolution process could help a party prepare for mediation.
Every family law matter is unique, and only you know all of the specific facts and nuances that could impact the outcome of your case. Allowing a court to decide your case without this knowledge could lead to a result that is not optimal for anyone involved.
Instead of leaving important decisions about your life in a judge’s hands, you could consider mediation as an alternative way to resolve your disputes. Reach out to a seasoned Manhattan mediation lawyer today to learn more about the benefits mediation can provide in divorce, custody, and other family law-related matters.