Mediation can be a valuable tool by allowing couples to control the decisions that significantly affect their lives after a divorce. Mediation is typically quicker, less expensive, and more private than a litigated divorce, and also helps spouses effectively communicate even when emotions run hot.
When you and your spouse are considering a divorce, a dedicated legal professional from our firm can guide you through the mediation process. Although your attorney does not need to be physically present during the mediation, they can provide seasoned advice if you run into issues during the process.
Contact an experienced Ballwin mediation lawyer when you are interested in trying voluntary mediation, mandatory mediation, or when the court has ordered mediation as part of your ongoing divorce proceeding. Our knowledgeable legal professionals at Jones Family Law Group, LLC can advise you about what to expect and review any agreement before you sign it.
Mediation is a relatively relaxed and non-confrontational way of resolving disagreements between spouses. The mediator is often an attorney, but they are not wearing an attorney hat and do not give legal advice to either party when serving as a mediator.
The mediator, who has special training in managing conflicts and remaining neutral while adjusting for power imbalances, oversees the discussions between the parties. You and your spouse explain your outstanding issues, including your finances and your proposed parenting plan, if you have children.
As you find areas of agreement, the mediator tries to expand on them until you reach a satisfactory conclusion. When you resolve your issues, the mediator writes them into an agreement; some mediations prepare a formal and final agreement and other mediations provide a memorandum of understanding for you to take to your attorney. Regardless of your mediator’s process, you should have a Ballwin attorney review any document before signing it.
Mediation is an excellent resource for couples who are mostly on the same page but need help resolving one or two sticky issues. Taking the time to agree on issues such as property division, alimony, child support, custody, and visitation before filing for divorce can prove extremely beneficial.
With a separation agreement in hand, you could file for an uncontested divorce. After the mandatory 30-day waiting period, the judge will review the agreement; if they approve it, they issue a divorce decree, and the marriage is dissolved. If you and your spouse are committed to an uncontested divorce, a skilled Ballwin mediation attorney can often help you find common ground.
Mediation is not always successful. A mediator can help you and your spouse communicate, but you both must want to reach an agreement and be willing to compromise. When one or more of these elements are missing, the mediation may not result in a full agreement or settlement of the issues.
In this case, couples trying for an uncontested divorce might seek a contested divorce instead. There will be plenty of time during the divorce process for you and your spouse to continue to talk and negotiate before you take your divorce to trial.
If the judge sent you and your spouse to mediation before a trial, your Ballwin attorney could notify them that the mediation failed to produce an agreement. The judge will put the trial on the calendar, hear both parties’ evidence, and decide on the unresolved issues.
Couples often make incredible strides when they work with a skilled mediator. When you and your spouse disagree on certain aspects of your divorce, a Ballwin mediation lawyer could help you make these important decisions.
Reach out to our firm today to discuss your situation with a committed attorney. At Jones Family Law Group, LLC, we will fight tirelessly to secure a fair and favorable agreement so you can confidently begin the next chapter of your life.
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