When going through a divorce, a divorce lawyer should always give their clients different options to settle a dispute. By settling disputes that can be mediated by lawyers and clients, the outcome is more likely to become more extensive and thorough than going through litigation and trial. Mediation has been very helpful in many divorce cases concerned with efficiency and competence. Depending upon local laws, dedicated times for mediation very well may be required when children are involved. Divorce and family law attorneys play a key role when mediation is taking place.
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In most cases, dealing with mediation should be looked at as a benefit to the situation. During mediation sessions where children are involved, a divorce lawyer will look for weaknesses in the opposition pleas and differences. This will inevitably give an advantage and leverage in the case. Cases involving children must be taken carefully as opposing views can be used as bargaining tools.
During mediations sessions, a mediator is candidly coordinating the process for both parties to come to an agreement. On the other hand, the flow and tendencies of the opposing party and divorce lawyer must be understood by the client. If one party is reluctant to move on a certain issue, the mediator will put pressure on the other party to let loose and take a step back from their position on that certain issue. During these situations, one party may lose a handle on the situation and end up digging a deeper hole for themselves. Sometimes, these issues are planned out to be manipulative, so the party could give up certain discrepancy for something more ultimately demanded.
Every client should be well aware of their financial situation. When a divorce becomes imminent, the client should make copies of every financial asset, liability and obligation they have come in contact with. If a client isn't aware or able to locate all their financial documents, then the mediation sessions between parties will not be able to communicate effectively. Clients going through a divorce, need to be aware of bills, notes, mortgages, bank accounts, any other financial obligation and any valuable asset. Clients should be up to date with the disclosure form and willing to talk about topics during the mediation sessions. If disagreements arise between parties on the valuations of certain topics or items, an independent appraiser should be hired to carry out fair market values.
Divorce attorneys will advise their clients on the mediation session and litigation. If terms cannot be met during the mediation sessions, the divorce lawyer will inform the client what the process will be during litigation. Other instances where the client is unaware of circumstances with taxes, should be addressed to a professional CPA or tax attorney.
Divorce lawyers will be able to guide and inform their client during the mediation session. Failure to request copies of draft agreements during the mediation session, could result in an inadequate and incomplete agreement between the parties. A divorce attorney and their client should be in total agreement when working in mediation. Mediation will save the client money and time in the long run.
What is Family Mediation?
Family mediation is an Alternative Dispute Resolution technique that is used to resolve issues that are experienced between family members. The mediation process allows both parties to have confidential dialogue and to reach an agreement between the disputants with the assistance of a mediator, or neutral person. The mediator, being impartial, cannot advise you on what you should or should not accept with regards to possible solutions, but will work as a catalyst clarifying legal issues keeping the lines of communication open.
What Type of Issues may be Covered by Mediation?
Family mediation can involve disputes post separation or divorce such as child custody or ownership disputes as well as such issues as elder mediation which relates to dealing with elderly family members. Other family disputes that can benefit from mediation include land disputes and finances. Additional issues include pet allocation, addressing the welfare of ill family members as well as visitation rights if one parent finds themselves in unacceptable living arrangements post divorce.
How Long Do Mediation Usually Take?
As a general rule of thumb, mediations will take no longer than three hours, however, this is up to the discretion of the mediator and how they feel the proceedings are moving along. If it appears that a resolution is just around the corner, they will continue until it is achieved. If however, there seems to be many more issues to deal with, then additional sessions may be scheduled. Many mediations reach a conclusion between three and six hours. At this point if there is no agreement, the mediator may conclude that other techniques may need to be implemented or that the case requires more formal attention.
How Confidential is the Process?
While most of what is said during the mediation process is held in the strictest of clackamas county family mediation confidence, it is important to note that financial information can be made public if the case were to go before a court. Information divulged during the mediation process cannot be used in court unless both the parties involved have agreed to it. During the mediation process itself, caucus or private sessions between one party and the mediator, may be called by either party. The information divulged during this caucus is entirely confidential and may not be used in the mediation unless permission is granted.
If an Agreement is Reached, How is it Enforced?
In the event that an agreement is reached by both the parties which is mutually satisfactory, a summary will be written up which must then be presented to a solicitor. The solicitor will then compile an agreement based on the summary which is legally binding and will request that both parties sign the agreement. The initial summary written up by the mediator is not a legally binding contract, but a contract of good faith. It is only made legal once a legal representative turns it into a binding contract.
Are Mediators Legal Representatives?
Although it is becoming commonplace for mediators to have a legal background and for many of them to have a very good understanding of the legal process, some people feel that the nature of mediation is very different to the confrontational nature of court proceedings and prefer to work with mediators who are not qualified lawyers, but rather paralegals who have trained in mediation and have an excellent understanding of the legal system.