Divorce Outside of the Courtroom – When Mediation is an Option

Mediation can be a powerful method to resolve disputes between parties without involving the costs and delays of the court system. During this process, a trained mediator helps the parties come to a solution that is optimal for all, but not without compromises. While some divorces require court intervention, those that can be settled through mediation often are much less expensive and are resolved more quickly than by way of litigation.

Advantages & Disadvantages of Divorce Mediation

There are several reasons as to why divorce mediation may be a viable option for you. Some benefits include less stress on the family – including the children – resulting from more peaceful divorce proceedings, the ability to come to an agreement faster and for less expense than a court proceeding, more control in the decision-making process, and preservation of privacy. On the other hand, some disservice may result from divorce mediation. This includes ending up with a settlement agreement that is more favorable to one spouse, incomplete or unenforceable because of poor drafting; going through the mediation process and not being able to resolve the divorce amicably; facing other legal issues that require you to go to court anyway; and the other side failing to reveal all assets because all information is provided voluntarily without subpoenas.

It is important to understand that if one spouse has been the victim of domestic violence, mediation may not be appropriate. If the individual can advocate for him or herself, however, steps can be taken by the mediator to proceed with mediation and still protect the victim such as video conferencing, remaining in separate rooms during the process, and retaining attorneys for each side.

Each divorce is as different as the soon-to-be-ex-spouses involved. Going through the divorce process can be expensive and lengthy, not to mention stressful. The option of divorce mediation may be an alternative to a heated battle in court. In divorce mediation, the couple meets with a neutral third-party (known as the mediator) whose aim is to help both parties reach an agreement regarding all aspects of the divorce. Each individual still needs to consult his or her own attorney during this process, however, and until the final divorce settlement papers are signed.

Divorce Mediation Explained

Most divorce mediations go through five stages before the entire process is completed. While not necessarily in this order, and sometimes the stages are repeated, below are the basic steps that are involved in divorce mediation:

1. Introduction: initially, the mediator will work with both parties to lay the foundation for the remainder of the process. The spouses will provide background information on their particular situation and, in turn, the mediator will explain the process. Sometimes a mediator will suggest an approach that will optimize a successful resolution.
2. Information gathering: this may or not begin at the initial session, but all information will need to be obtained so that the matter can be resolved in an informed way. This will include financial documentation. Should some information be disputed, the mediator will attempt to resolve the issue.
3. Framing interests: a mediator then will consult with each spouse to find out what his or her concerns, priorities, goals and values are for the divorce mediation. Often issues need to be addressed based on each party’s interest and include division of assets and debts, child custody, child support and spousal maintenance.
4. Negotiations: once the first three phases are completed, the mediator works to negotiate a settlement that is acceptable to both parties. Narrowing down options that work for each side will result in compromises and concessions.
5. Conclusion: once an agreeable settlement is reached, it is put into writing and circulated to both spouses for review by them and their respective attorneys. Generally, if the parties agree to settle, the agreement will be signed by both parties and filed with the court.

Is Divorce Mediation Right for You? Contact An Oklahoma City Lawyer

The specific details of every divorce vary as everyone’s family situation is different. If you or someone you know is facing divorce in Oklahoma, it is important to weigh your options under the law carefully. If you and your spouse are able to work out details and make decisions amicably, mediation divorce may be right for you. The skilled legal professionals at the Owens Law Office, PC have years of experience servicing families in Oklahoma City and beyond in all family law-related matters. Mr. Owens can guide you through the legal system and answer questions you may have. Call 405-608-0708 to schedule your initial consultation.