When some people think of the divorce process they envision a courtroom with jurors deciding issues such as the division of marital assets, custody and child support. However, there actually is a very low percentage of divorce cases that make it to a jury trial. Most contested divorces go through a legal process called mediation. Essentially, a mediation is meeting where a person is designated as a mediator and attempts to assist the parties in compromising and resolving their differences. This actually prevents the lawsuit from going to trial and reduces the cost associated with that lengthy legal process. Family mediation involves the mediation of legal disputes in law suits involving divorce, annulment, paternity, child support, spousal support and child custody.
There often are preliminary matters that are addressed prior to the actual day of mediation. Each mediator is different. However, the mediation process will often begin with a phone conference with the mediator in order to obtain background information about the parties, such as information about the marriage and what the issues are. After the mediator has gone over the basics each party will have an opportunity to make a short statement about their situation. The mediator will also have an opportunity to ask questions and obtain additional information from the parties. During the negotiation process the mediator will help each party stay on track and focus on the main issues to be decided. It is the mediator’s job to help the parties come up with an agreement that is acceptable to both parties. They are trained to look at the issues from both sides.
Do You Need A Lawyer For A Mediation?
There are very few things that are decided in a person’s life that will be more impactful than the time you are allowed to spend with your child and how your assets are distributed. Some of the requests for consultations we receive involve parties that have gone through the divorce process without an attorney and aren’t satisfied with the result. Even at a mediation there are legal issues that are being decided that will have a lasting impact on the lives of the parties. Furthermore, if the other party has legal representation you would be at a disadvantage, just as they would be if you were the only one represented by an attorney. Anyone considering a divorce, in particular a contested divorce, should seek the advice of an attorney that specializes in family and divorce law. The Faucette Law Firm represents clients in Douglasville, Atlanta, Marietta and Austell in all divorce and custody related matters. Call today to speak with one of our attorneys.